Request for hearing on a denial of naturalization application

Anita filed an application for naturalization. During her interview, the officer pointed out that her total period of absence outside the United States is a few days beyond what is required for her application. She reasoned out that she was not able to timely come back to the US because she was hospitalized during her stay abroad and that she was advised by her doctor not to travel. She further asserted that she did not have the intention to abandon her permanent residency and that it was her plan to come back to the US once her health was restored and she did so after having been medically cleared to travel. Despite her explanation, her application for naturalization was denied. What are her options?

Anita could either try to earn the number of days to satisfy the residency requirement for naturalization, then re-file once she fulfills such requirement, or she could file a Request for Hearing on a Decision in Naturalization Proceedings using Form N-336. She weighed her options and decided to take the chance to have her application reheard and be reexamined by USCIS as she felt she was not able to fully explain her side during the first interview.

A Request for a Hearing on a Decision in Naturalization Proceedings is a remedy that allows an applicant for naturalization who received an adverse decision on his application. This is not an appeal or a motion for reconsideration but rather a request for another USCIS officer to take another look at the application. Form N-336 must be submitted within 30 days after receipt of the decision of denial together with the required $700 filing fee. USCIS has 180 days to schedule the hearing which must be conducted by another officer of equal or higher rank than the officer who issued the adverse decision. The hearing is in the nature of a de novo review which means that the officer conducting the hearing makes a new and full review and has the authority and discretion to review the application, examine the applicant anew, review any records and receive new evidence and testimony. After conducting the hearing, the officer may either uphold the previous denial or reverse the previous decision and approves the naturalization application.

In Anita's case, she was able to resubmit new evidence of her intention to return to the US, new documents pertaining to her medical condition as well as testimonies from her family members regarding her activities in the US and abroad. This hearing also allowed her to use an interpreter and with the assistance of counsel who guided her through the process. As of now, she is awaiting the agency's decision but she feels positive that she has a good chance of getting approved.

If you received a denial on your naturalization application, you must consider your options and see if filing a request for a hearing is beneficial to you. Under a different set of circumstances, re-filing a new naturalization application is a better option than a request for hearing.