Updated November 6, 2026

Form N-336: how to appeal a denied citizenship application and prepare for your hearing

If USCIS denies your Form N-400 after your naturalization interview, you can appeal by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. USCIS requires you to file within 30 calendar days of receiving the denial decision, or within 33 calendar days if USCIS mailed the decision to you. Under 8 CFR 336.2, USCIS schedules a review hearing within 180 days before a different immigration officer of equal or higher grade level.

What is Form N-336 and what does your N-400 denial notice say?

Form N-336 is the USCIS form used to request a hearing before an immigration officer after your Form N-400, Application for Naturalization, is denied under Section 336 of the Immigration and Nationality Act (INA). You can file it if your N-400 was denied after your citizenship interview and you believe you can overcome the grounds for the denial.

Under 8 CFR 336.1, if USCIS decides to deny your application after completing all examination procedures, the agency must serve a written notice of denial no later than 120 days after the date of your first examination.

That written denial notice must be in a clear, concise narrative format. By regulation, it lists three things, plus your appeal rights:

• The pertinent facts that the officer based the decision on
• The specific legal section or sections that apply to the finding of ineligibility
• The conclusions of law reached by the examining officer
• A specific statement of your right either to accept the officer's determination or to request a hearing before an immigration officer

The 30-day filing deadline and what happens if you file late

You must file Form N-336 within 30 calendar days of receiving the decision denying your Form N-400. If USCIS mailed the denial decision to you, you have 33 calendar days to file, per the USCIS Form N-336 instructions and 8 CFR 103.8(b). USCIS must serve the notice of denial either in person or to your attorney or representative of record.

Count calendar days, including weekends and holidays, starting from the date of the decision. Here is a worked example of how the 30-day and 33-day deadlines work in practice:

Worked example: Suppose your N-400 denial notice is dated May 1. If the officer handed you the denial in person on May 1, day 30 is May 31. If USCIS mailed the denial notice on May 1, you add 3 calendar days for mail service, making day 33 June 3. Your Form N-336 must be submitted online or received by the USCIS Lockbox on or before that final day.

If you file Form N-336 more than 30 days after receiving the denial (or 33 days if mailed), USCIS considers the request improperly filed. Generally, USCIS rejects an untimely request and will not refund the filing fee.

There is one exception in the USCIS Policy Manual (Volume 12, Part B, Chapter 6) and 8 CFR 336.2(c)(2)(ii). If your late Form N-336 meets the legal requirements for either a motion to reopen or a motion to reconsider, USCIS will treat your untimely hearing request as a motion and issue a decision on the merits of your case.

What happens at the N-336 hearing under 8 CFR 336.2?

When USCIS receives a timely Form N-336, 8 CFR 336.2(b) requires the agency to schedule a review hearing within a reasonable period of time not to exceed 180 days from the date the appeal is filed.

You will not meet with the same officer who denied your case. The review hearing must be conducted by an officer other than the one who held your original examination or made the denial determination. The reviewing officer must also be classified at a grade level equal to or higher than the grade of the original examining officer.

Depending on the complexity of the issues to be reviewed and the need for further examination on naturalization requirements, the reviewing officer has the discretion to conduct a full de novo review or use a less formal review procedure. In the USCIS Policy Manual, de novo means starting over with a new and full review of your naturalization application.

During the N-336 hearing, the reviewing officer has the authority and discretion to:

• Review all aspects of your Form N-400 application and examine you anew
• Review any administrative record, file, or report created during the original examination
• Receive new evidence and take additional testimony relevant to your eligibility
• Issue a subpoena for witnesses you name, if you request it at the time you file your hearing request under INA 336(d) (8 U.S.C. 1447(d))

The three possible outcomes of an N-336 hearing

After reviewing the record, taking your testimony, and conducting any needed examinations, the hearing officer can make one of three determinations according to the USCIS Policy Manual:

First, the officer can affirm the findings in the denial and sustain the original decision to deny.

Second, the officer can re-determine the original decision and reverse the denial, approving your naturalization application.

Third, the officer can re-determine the original decision, but deny your application on newly discovered grounds of ineligibility. Because a de novo review lets the officer examine all aspects of your N-400 anew, the officer may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) if a new eligibility issue comes up during the hearing.

Will the officer re-test your English and civics at the N-336 hearing?

If your Form N-400 was denied because you failed to meet the English or civics educational requirements, the USCIS Policy Manual states that the N-336 hearing officer must administer any portion of the English or civics tests that you previously failed. You can read more about how the initial re-exam works in our guide to what happens if you fail the citizenship test.

At the N-336 hearing, officers provide only one opportunity to pass the failed portion of the tests.

The test version you take depends on when you originally filed your Form N-400, according to USCIS study guidance:

• English reading test: You must read out loud 1 out of 3 sentences correctly.
• English writing test: You must write 1 out of 3 sentences correctly.
• English speaking test: Determined by the officer during your eligibility interview on Form N-400.
• 2008 Civics Test (if you filed Form N-400 before October 20, 2025): An oral test where the officer asks up to 10 questions from a list of 100. You must answer 6 correctly to pass. The officer stops when you answer 6 correctly or 5 incorrectly.
• 2025 Civics Test (if you filed Form N-400 on or after October 20, 2025): An oral test of 20 questions from a list of 128. You must answer 12 correctly to pass. The officer stops when you answer 12 correctly or 9 incorrectly.
• 65/20 special consideration: If you are 65 or older and have been a lawful permanent resident for 20 or more years, USCIS administers 10 questions from a specially selected bank of 20 questions from either the 2008 or 2025 test, and you may take the civics test in the language of your choice.

What the officer may ask at an N-336 hearing and how to prepare

Because the hearing officer has the discretion to examine you anew on your Form N-400 and take additional testimony on the grounds for denial, you should prepare for both the specific issue in your denial letter and a fresh walkthrough of your N-400 interview questions. You can also rehearse speaking in English using our US citizenship interview practice with AI.

Here are four common areas officers examine at an N-336 hearing, what each question checks, and what documents and facts to have ready:

• "Why do you believe the decision to deny your Form N-400 was in error?" What it checks: Whether you address the specific facts and legal sections cited in your written denial notice. How to prepare: Bring a copy of your denial notice, point to the exact paragraph in question, and state in one or two sentences whether you are presenting new evidence or showing that the law or policy was applied incorrectly.
• "What new evidence or documents have you brought today to support your eligibility?" What it checks: Whether you have primary records that resolve the gap from your original examination. How to prepare: Organize original or certified documents in the order they appear in your Form N-336 explanation, and be ready to state what each page proves.
• "Let's review the answers on your Form N-400 from the beginning." What it checks: Consistency across your entire application during a de novo review, and your ability to speak and understand basic English. How to prepare: Read your submitted Form N-400 from start to finish before the hearing day so every date, address, trip, and family detail is fresh in your mind.
• "We will now administer the portion of the English or civics test that you did not pass at your previous examination." What it checks: Whether you meet the INA 312 educational requirements on your single hearing attempt. How to prepare: Confirm which test portion was checked on your denial notice and whether your N-400 filing date puts you under the 2008 civics test (100 questions) or the 2025 civics test (128 questions). Make sure to check the USCIS Civics Test Updates page for the names of officials currently serving at the time of your hearing.

How to file Form N-336: edition rules, fees, and Lockbox addresses

You can file Form N-336 online through a USCIS online account or by mail on paper. Filing online lets you pay your filing fee through Pay.gov, check your case status, receive updates, and respond to requests for evidence. If you file by mail, USCIS will send you a USCIS Account Acceptance Notice with instructions on how to create an online account, and will continue to mail you paper notifications via the U.S. Postal Service.

Under Form G-1055, Fee Schedule, every Form N-336 must include the exact required filing fee unless you qualify for a fee exemption (which lists $0 as the filing fee on Form G-1055) or a fee waiver. USCIS rejects any request accompanied by an incorrect fee. When filing by mail, you can pay by credit, debit, or prepaid card using Form G-1450, or directly from a U.S. bank account using Form G-1650 (Authorization for ACH Transactions). If you qualify for an exemption from electronic payment, you must include a completed and signed Form G-1651. Cash is never accepted.

If you need a fee waiver, review Form I-912, Request for Fee Waiver. Per Form G-1055, for most forms you cannot request a fee waiver when filing online. Instead, you must mail a paper Form I-912 (or a written fee waiver request) together with a paper Form N-336.

Use this checklist from the USCIS Form N-336 instructions to avoid an automatic Lockbox rejection:

• Use the current form edition: The acceptable edition date for Form N-336 is 04/01/24. Make sure the edition date and page numbers are visible at the bottom of every page, and that all pages come from the same edition.
• Fill in all mandatory fields: USCIS will reject Form N-336 if your Family Name (Last Name), Date of Birth, or Address is missing.
• Sign the form: USCIS rejects any unsigned Form N-336.
• Include Form G-28 if represented: If an attorney or accredited representative files for you, they must submit Form G-28 with your N-336 (or at the interview). Under 8 CFR 336.2(c)(1)(ii), if an attorney files without a proper Form G-28, USCIS gives them 15 days to submit a properly executed notice. Note that if an unauthorized person or entity files the request, USCIS rejects it without refunding the fee.
• Optional e-notification: Clip Form G-1145 to the first page of your paper package if you want an email or text message when the USCIS Lockbox accepts your form.

When to file Form N-336 vs. when to re-file Form N-400

USCIS states that you can request an N-336 hearing if your Form N-400 is denied after your interview and you believe you can overcome the grounds for denial.

That standard is the key to deciding between an N-336 appeal and a new Form N-400. An N-336 hearing reviews whether you were eligible on your denied application, either because the original officer misapplied the law or facts, or because you have evidence that overcomes the specific ground cited in your denial notice. If you were not eligible at the time of your N-400 application and simply need more time to pass before you meet a naturalization requirement, an N-336 hearing officer cannot waive a statutory requirement that you had not yet met.

When you weigh your options, check these specific scenarios and rules from the USCIS guidance:

• Denial for failing the English or civics test (INA 312): On Form N-336, the hearing officer must re-administer the failed portion and gives you only one opportunity to pass at the hearing. On a new Form N-400, you start a fresh application and examination process.
• Denial where you have new evidence or proof of error: If you have documents or legal precedent proving you met the continuous residence, physical presence, or good moral character requirements under INA 316 at the time of your N-400, Form N-336 puts your case before a different officer of equal or higher grade within 180 days.
• Denial where you need more time to meet a statutory requirement: Because an N-336 reviews your denied application, you can only succeed if you can overcome the grounds for that denial. If you were not yet eligible under INA 316, you must wait until you meet the eligibility requirements and file a new Form N-400.
• Preserving your right to federal court review: Under 8 CFR 336.9(d), you cannot ask a U.S. District Court to review an N-400 denial unless you first exhaust your administrative remedies by completing the Form N-336 hearing process.

Federal district court review after an N-336 denial (8 U.S.C. 1421(c))

If the N-336 hearing officer affirms the denial of your naturalization application, you have the right to seek judicial review in federal court under INA 310(c) (8 U.S.C. 1421(c)) and 8 CFR 336.9. You can only file in federal court after exhausting the Form N-336 hearing process.

Under 8 CFR 336.9(b), you must file a petition for review in the United States District Court that has jurisdiction over your place of residence within 120 days after the USCIS final determination on your N-336 hearing. The petition must be brought against USCIS, and you must serve it on the Department of Homeland Security (DHS) and on the USCIS office where your 8 CFR 336.2 hearing was held. Your petition must also state whether the validity of the final denial has been upheld in any prior administrative proceeding, along with the nature, date, and forum of that proceeding.

Under 8 U.S.C. 1421(c), the federal district court's review is de novo. The court makes its own findings of fact and conclusions of law, and at your request as the petitioner, the court will conduct a hearing de novo on your naturalization application.

Visaful is an AI mock interview app for US visa interviews: an AI officer asks your visa's questions out loud and shows what to fix.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, U.S. Customs and Border Protection (CBP) or any government agency.