What Happens at an N-336 Naturalization Hearing?
An N-336 hearing gives an applicant another USCIS review after an N-400 denial. A different immigration officer may question the applicant again, review the original naturalization record, consider new evidence and additional testimony, and decide whether the original denial should be affirmed or changed.
What Should You Expect at an N-336 Hearing?
The hearing is conducted by a USCIS officer other than the officer who conducted the original naturalization examination or made the determination under review.
The reviewing officer may examine the applicant, review the N-400 and administrative record, examine other USCIS files and reports, receive new evidence, and take additional testimony relevant to naturalization eligibility.
Depending on the complexity of the case, the officer may conduct a full de novo hearing or a less formal review procedure.
The Original Adjudicating Officer Does Not Conduct the Review
Different USCIS Officer
The regulation requires the review to be conducted by someone other than the officer who conducted the original examination or rendered the determination being challenged.
Equal or Higher Grade
The reviewing officer must be classified at a grade level equal to or higher than the grade of the original examining officer.
Can Change the Decision
The reviewing officer may affirm the original determination or redetermine the original decision in whole or in part.
USCIS Has a 180-Day Regulatory Scheduling Period
After USCIS receives a timely N-336 request, the regulation provides that the agency will schedule the review hearing within a reasonable period not exceeding 180 days from the date the hearing request was filed.
The hearing notice identifies when and where the applicant must appear. Preparation should continue while the hearing is pending.
An applicant should not assume the hearing will be limited to the wording of the written N-336 submission.
How an N-336 Hearing Commonly Develops
Identity and Procedure
USCIS confirms the applicant's identity, representation, case being reviewed, and procedural history.
Applicant Examination
The officer may place the applicant under oath and ask questions concerning the original denial and naturalization eligibility.
Evidence and Argument
Relevant new documents, explanations, testimony, and legal arguments may be considered during the review.
Redetermination
The officer decides whether to affirm or change the original naturalization determination in whole or in part.
The N-336 Officer Has Broad Authority to Review the Case
Existing Administrative Record
The officer may review the N-400, documents submitted during the original proceeding, interview record, RFEs or continuances, USCIS files, reports, and the written denial.
That permits review of whether the original officer understood the existing record correctly.
Additional Record
The officer may also receive new evidence and additional testimony relevant to the applicant's eligibility.
The N-336 therefore provides an opportunity to correct or supplement the record rather than merely arguing about the same documents USCIS already reviewed.
The Officer May Conduct a Full New Review of the Relevant Issues
8 C.F.R. §336.2 expressly permits the reviewing officer to conduct a full de novo hearing when warranted by the complexity of the issues or the need for further examination of essential naturalization requirements.
De novo review means the reviewing officer has authority to make a new determination rather than merely asking whether the first officer's conclusion was reasonable.
The regulation also permits a less formal review procedure where the officer considers that reasonable and in the interest of justice.
Expect the Applicant to Answer Questions Again
The N-336 process gives the reviewing officer authority to examine the applicant.
The applicant should therefore be prepared to explain the facts underlying the denial, prior N-400 answers, earlier testimony, relevant immigration history, and any new evidence submitted with the hearing request.
Where the original denial rested on credibility or inconsistent statements, careful preparation is especially important because additional testimony can either resolve or deepen the disputed issue.
The Applicant May Strengthen the Record at N-336
Correct a Factual Error
Certified records, government documents, travel records, tax documents, employment records, or other evidence may demonstrate that an assumption in the denial was factually incorrect.
Explain a Disputed Fact
Declarations, testimony, correspondence, historical records, or other corroboration may provide context that was missing from the original record.
Establish an Exception
New documentation may establish that an exception, exemption, statutory requirement, or other favorable legal rule applies to the applicant's facts.
Some Cases Depend on More Than the Applicant's Testimony
The regulation permits additional testimony relevant to naturalization eligibility.
In an appropriate case, testimony from a spouse, family member, employer, professional, translator, preparer, or another knowledgeable person may help address disputed facts.
Witness evidence should have a defined purpose. The question is what material fact the witness can establish that affects the reason USCIS denied the application.
The Hearing Should Address the Law as Well as the Facts
When the denial depends on statutory interpretation, the applicable naturalization period, the legal classification of conduct, burden of proof, an exception, or USCIS's application of governing law, a written legal brief can help define the issue before the hearing.
The Officer May Reexamine Essential Naturalization Requirements
The regulation specifically recognizes that additional examination may be necessary for essential naturalization requirements such as English literacy or civics knowledge.
A test-related N-336 should therefore be approached differently from a case that depends solely on a documentary legal issue.
The applicant should understand precisely why the original testing decision was adverse and what issue will be reviewed at the hearing.
The Reviewing Officer Can Affirm or Redetermine the Original Decision
The officer is not limited to agreeing or disagreeing with every sentence of the original denial.
The regulation permits the officer to redetermine the original decision in whole or in part.
The result may therefore include changed factual findings, changed legal findings, or a different ultimate conclusion concerning naturalization eligibility.
The N-336 Decision Can Be the Gateway to Federal Court
If USCIS maintains the naturalization denial after the administrative hearing, the applicant may be able to seek judicial review under INA §310(c).
Federal district court review of a final naturalization denial is de novo, meaning the court makes its own findings of fact and conclusions of law.
That makes development of a clear N-336 record especially important in a case that may ultimately require federal litigation.
N-336 Hearing FAQs
Will the same USCIS officer hear my N-336?
No. The regulation requires the reviewing officer to be different from the officer who conducted the original examination or made the determination being reviewed.
Is the N-336 officer more senior?
The reviewing officer must be classified at a grade level equal to or higher than the grade of the original examining officer.
Will USCIS interview me again?
It can. The reviewing officer has express authority to examine the applicant during the N-336 review.
Is an N-336 hearing de novo?
The reviewing officer may conduct a full de novo hearing depending on the complexity of the issues and whether further examination of essential naturalization requirements is necessary.
Can USCIS use a less formal procedure?
Yes. The regulation also permits the reviewing officer to use a less formal review procedure when considered reasonable and in the interest of justice.
Can I submit new documents?
Yes. The reviewing officer may receive new evidence relevant to the applicant's naturalization eligibility.
Can I give additional testimony?
Yes. The regulation expressly permits the reviewing officer to take additional testimony relevant to eligibility.
Can the officer review other USCIS files?
Yes. The regulation gives the reviewing officer discretion to review the administrative record as well as USCIS files and reports.
Can the officer change only part of the denial?
Yes. The regulation permits the officer to redetermine the original decision in whole or in part.
How long does USCIS have to schedule the hearing?
The regulation provides that a timely N-336 hearing should be scheduled within a reasonable period not exceeding 180 days after the request is filed.
Should I bring a copy of my N-336 evidence?
Applicants should be thoroughly familiar with the evidence submitted and should generally maintain an organized copy of the filing and supporting documents for hearing preparation.
What happens if the N-336 is denied?
After the administrative remedy is exhausted, a qualifying applicant may seek de novo federal district court review of the naturalization denial.
Prepare the Record Before You Appear
N-336 Hearing Procedure
Preparing for an N-336 Hearing After an N-400 Denial?
The Messersmith Law Firm, P.A. represents naturalization applicants at N-336 hearings involving good moral character, criminal history, immigration history, continuous residence, marriage, testing issues, prior USCIS factual errors, disputed testimony, and other naturalization eligibility issues.
Request an N-336 Hearing ReviewThis website provides general information and does not create an attorney-client relationship. N-336 hearing procedure and strategy depend on the reasons for denial, administrative record, disputed facts, available new evidence, testimony, applicable naturalization requirements, and current USCIS law and procedure.