N-336 Instructions TOC

N-336_inst_TOC_07-21-2011_FOD_Edits_12-7-11_Updated_3_12.doc

Request for Hearing on a Decision in Naturalization Proceedings Under Section 336

N-336 Instructions TOC

OMB: 1615-0050

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FORM N-336

INSTRUCTION TABLE OF CHANGES

OMB RIN 1615-0050

07/21/2011


LOCATION

CURRENT VERSION

PROPOSED VERSION

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Page 1, Instructions

Read these instructions carefully to properly complete this form.

If you need more space to complete an answer, use a separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of paper and indicate the section and number of the item to which the answer refers.

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Page 1, What is the Purpose of Form N-336?

This form is used to appeal an unfavorable decision for an individual applicant.


You must file your request for a hearing within 30 calendar days after service of the decision (33 days if your decision was mailed) with the local office of the U.S. Citizenship and Immigration Services (USCIS) that made the unfavorable decision.


The date of service is normally the date of the decision. Submit an original request only. Additional copies are not required.


Attorney or Representative


If you wish, you may be represented, at no expense to the U.S. government, by an attorney or other duly authorized representative. If so, that person must submit Form G-28, Notice of Entry of Appearance as Attorney or Representative, with the request for a hearing. Form G-28 can be obtained by calling our forms line number at 1-800-870-3676, our National Customer Service Center, or from our Internet Web site at 1-800-375-5283 or visiting our Internet Web site at www.uscis.gov.


Brief


You do not need to submit a brief in support of your request, but you may submit a brief if you so choose. You may also submit a simple written statement instead of brief. You may also submit evidence. You must send your request and accompanying fee and documentation to the USCIS office that made the unfavorable decision. If you need more than 30 days, you must within the initial 30 day period and explain why in a separate letter attached to this form. USCIS may grant more time for good cause.

The Purpose of Form N-336

[first heading]


This form is used to request a hearing before an immigration officer on the denial of your Form N-400, Application for Naturalization.



Page 1

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A Guide to Naturalization

[second heading]


To help you understand the naturalization process, U.S. Citizenship and Immigration Services (USCIS) developed A Guide to Naturalization (M-476). This publication provides information on eligibility requirements and naturalization procedures for immigrants considering U.S. citizenship. If you do not already have a copy of M-476, you can obtain a copy from the USCIS Web site at www.uscis.gov.



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When You Must File

[third heading]


You must file your request for a hearing (Form N-336) within 30 calendar days of receiving the decision denying your Form N-400.


USCIS will reject (not accept) a request that is not timely filed. USCIS will not refund the filing fee if the Form N-336 is rejected because it was not timely filed. If, however, your request for a hearing is not timely filed, but it meets the requirements for a motion to reopen or motion to reconsider, USCIS will issue a decision in your case.


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Document Submission

[fourth heading]


1. Denial Notice. You must submit a copy of the decision denying your Form N-400 at the time of filing your Form N-336.


2. Supporting Documents. You may submit any additional documents or briefs to support your Form N-336 at the time of filing your Form N-336 or at the time of your Form N-336 hearing.


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General Instructions

[fifth heading]


1. Type or print clearly using black ink. Keep all information within the area provided.


If extra space is needed to answer any question, attach an additional sheet(s) of paper. You must provide the following information on the top of each sheet of paper:


A. Your Alien Registration Number (A-Number);

B. The date;

C. Question number ; and

D. Your signature.


2. Answer all questions fully and accurately. Write “N/A” if an item is not applicable. Write “None” if the answer is none.


3. Avoid highlighting, crossing out, or writing outside the area provided for a response.


If you must make substantial corrections to your Form N-336, USCIS recommends that you begin with a new Form N-336 rather than using correction tape or fluid to white out information. USCIS scanners may see through the white correction tape or fluid. This may lead to incorrect information being captured in USCIS systems which may cause processing delays or a rejection of your Form N-336.


Ensure that you are using the correct edition of the Form N-336. The correct edition is available on the USCIS Web site at www.uscis.gov.


4. Provide your A-Number on the top right hand corner of each page. Your A-Number is located on your Permanent Resident Card (formerly known as the Alien Registration or “Green” Card). The A-Number on your card consists of seven to nine numbers, depending on when your record was created. If the A-Number on your card has fewer than nine numbers, place enough zeros before the first number to make a total of nine numbers on Form N-336. For example, write number A1234567 as A001234567 or write number A12345678 as A012345678.


Translations. You must provide a full English translation for any document written in a foreign language you submit to USCIS. The translator must certify that the translation is complete and accurate and that he or she is competent to translate from the foreign language into English.


Copies. You may submit copies of documents unless USCIS requests original documents. Original documents submitted when not required may remain a part of the record.


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Specific Form Instructions

[sixth heading]


This form is divided into six parts.


Part 1. Information About You, the Naturalization Applicant


1. Current Legal Name. Your current legal name is the name on your birth certificate unless it has been changed after birth by a legal action such as a marriage or court order. Do not provide a nickname.


2. Date of Birth. Always use eight numbers to show your date of birth. Write the date in this order: Month, Day, Year. For example, write May 1, 1958, as 05/01/1958.


3. Home address. Provide the address where you now reside. If you received benefits under the Violence Against Women Act (VAWA) you may provide your safe address.


Do not put a Post Office (P.O.) Box number here unless that is your ONLY address.


If you reside outside the United States


If you do not have a State or Province, enter the name of your city again in that box. If you do not have a ZIP or Postal Code, enter 00000 in the ZIP or Postal Code box.


4. Mailing Address. Provide your mailing address even if it is the same as your home address. Provide "in care of name" information, if applicable. You must write something in every box, except an apartment number or “C/O” if you do not have one, within “Mailing Address.”


NOTE: USCIS may not be able to contact you if you do not provide a complete and valid address. Your Form N-336 may be delayed or your may not be able to seek a hearing of your Form N-400 denial. In addition, USCIS may not be able to return the fee for the Form N-336 to you if you do not write a complete and valid address. If USCIS cannot return the fee, USCIS will cash your check.


5. Telephone numbers. Provide your current telephone numbers. If the answer is none, write “None.” If you are hearing impaired and use a TTY telephone connection, indicate this by writing “TTY” after the telephone number.


6. E-Mail address. Provide your current e-mail address. If you do not have an e-mail address, write “None.”


Part 2. Information About Form N-400 (Application for Naturalization) for Which You Are Requesting a Hearing


1. Form N-400 Receipt Number. Provide the Form N-400 receipt number for which you are requesting a hearing. The receipt number is located on the receipt notice you received after you filed your Form N-400 with USCIS. It appears in the upper left hand corner of your notice.


NOTE: If you do not have the Form N-400 Receipt Number, you can schedule an InfoPass appointment to obtain the information. Go to “USCIS Forms and Information” in these instructions for information to schedule an InfoPass appointment.


2. Date of Form N-400 Denial Notice (mm/dd/yyyy). Provide the date that USCIS denied your Form N-400.


3. USCIS Office That Issued Form N-400 Denial Notice. Provide the location of the USCIS local office that issued the denial.


Part 3. Reason You Are Requesting a Hearing


Provide the reason(s) you are requesting a hearing on your denied Form N-400. You may attach additional documents or briefs to support your Form N-336.


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Part 4. Accommodations for Individuals With Disabilities and/or Impairments


USCIS is committed to providing reasonable accommodations for qualified individuals applicants with disabilities and/or impairments that will help them fully participate in USCIS programs and benefits. who are seeking immigration benefits.


Reasonable aAccommodations vary with youreach disability and/or impairment. They may involve modifications to practices and/or procedures. There are various types of reasonable accommodations that may be offered, allowing an applicant with a disability to still participate in the naturalization process. For eExamples include, if you are:


  1. If you are Uunable to use your hands, you may be permitted to take thea test orally rather than in writing;


  1. If you are Hard of hearing impaired , you may be provided with a sign-language interpreter at an interview or other application related appointment; or


  1. For those Uunable to travel to a designated USCIS location for an interview, you USCIS may be visited conduct your interview at your home or a hospital.


If you believe that you need USCIS to an accommodateion your because of a disability and/or impairment, check the “Yes” box in Part 4 and then check any applicable box(es) that describes the nature of yourthe disability(ies) and/or impairment(s).  Also, write the type(s) of accommodation(s)s you are requesting on the line(s) provided. If you are requesting a sign-language interpreter, be sure to indicate for which language. If you require need more space to provide additional information, please provide the information in a separate , use an additional sheet(s) of paper.


NOTE: All domestic USCIS facilities meet the Accessibility Guidelines of the Americans with Disabilities Act, so Yyou do not need to contact USCIS to request an accommodation for that would enable you to have physical access to a domestic USCIS office. because all domestic USCIS facilities meet accessibility guidelines. However, in Part 4 of the fForm N-336, you can indicate whether you use a wheelchair. This will allow USCIS to better prepare for your visit and have a wheelchair accessible interview room available for you once you enter the facility. to ensure that once you have physical access to the building, so USCIS can accommodate your access to the interview room.


USCIS considers requests for reasonable accommodations on a case-by-case basis and will use its best efforts to reasonably accommodate all applicants with disabilities or impairments. Qualified individuals will not be excluded from the participation in, be denied the benefits of, USCIS’s programs solely on the basis of their disability(ies) or impairment(s). Requesting and/or receiving. Asking for an accommodation will not affect your eligibility for a USCIS the immigration benefit.

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Part 5. Your Signature


Sign the Form N-336 as you normally sign your name. You may place an “X” mark instead of a signature if you are unable to write in any language.


NOTE: A designated representative may sign here if the applicant is unable to sign due to a physical or developmental disability or mental impairment. A designated representative who signs on behalf of an applicant attests under penalty of perjury that the information being provided in the application is true and correct. See M-476 for more information.


A designated representative that is signing on behalf of an applicant with a physical or development disability or mental impairment should write the name of the applicant and then his or her own name followed by the words “Designated Representative.” If a designated representative has prepared the application, the designated representative must also sign the application in the Preparer’s box (Part 6).


NOTE: USCIS will reject your Form N-336 if it is not signed.


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Part 6. Signature of Person Who Prepared This Form N-336 for You (if applicable)


If you prepared this Form N-336 by yourself, leave this section blank. If someone filled out this Form N-336 for you, he or she must complete this section.

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Processing Information

[seventh heading]


Any Form N-336 that is not signed or accompanied by the correct fee, except those accompanied by a fee waiver request (Form I-912, Request for Fee Waiver), will be rejected. A Form N-336 that is not completed according to these instructions, is missing pages or otherwise not executed in its entirety may be rejected or delayed. If USCIS rejects your Form N-336 for any of the reasons above, the form and any fees will be returned to you if you provided a complete and valid mailing address. You will be notified why the form is considered deficient. You may correct the deficiency and refile a Form N-336. An application or petition is not considered properly filed until accepted by USCIS.


Requests for More Information or Hearing


You will be scheduled for an interview with USCIS within 120 180 days from the date upon which you properly filed your Form N-336 with USCIS. USCIS may request more information or evidence. USCIS may also request that you submit the originals of any copies you previously provided to USCIS with your Form N-336.


Decision


The decision on Form N-336 involves a determination of whether you have established eligibility for naturalization. If you do not establish a basis for eligibility, USCIS will uphold the decision to deny your Form N-400. You will be notified of the decision in writing.

Page 1, What is the Filing Fee?

The filing fee for Form N-336 is $650.


Note: There is no fee for Form N-336 if filed on or after October 1, 2004, by an applicant who has filed an Application for Naturalization under sections 328 or 329 of the INA (i.e., who is a member or veteran of any branch of the United States Armed Forces) and whose application has been denied.


Use the following guidelines when you prepare your check or money order for the Form N-336 fee:


1. The check or money order must be drawn on a bank or other financial institution located in the United State and must be payable in U.S. currency: and


2. Make the check or money order payable to U.S. Department of Homeland Security, unless:


A. If you live in Guam, make it payable to Treasurer, Guam.


B. If you live in the U.S. Virgin Islands, make it payable to Commissioner of Finance of the Virgin Islands.


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials ‘USDHS” or “DHS.”


Notice to Those Making Payment by Check


If you send us a check, it will be converted into an electronic funds transfer (EFT). This means we will copy your check and use the account information on it to electronically debit your account for the amount of the check. The debit from your account will usually take 24 hours, and will be shown on your regular account statement.


You will not receive your original check back. We will destroy your original check, but we will keep a copy of it. If the EFT cannot be processed for technical reasons, you authorize us to process the copy in place of your original check. If the EFT cannot be completed because of insufficient funds, we may try to make the transfer up to two times.


How to Check If the Fees Are Correct


The form fee on this form is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:


1. Visit our Website at www.uscis.gov, select “FORMS,” and check the appropriate fee;


2. Review the Fee Schedule included in your form package, if you called us to request the form; or


3. Telephone our National Customer Service Center at 1-800-375-5283 and ask for the fee information.


What Is the Filing Fee?

[eighth heading]


The fee for filing Form N-336 is $ 650.


NOTE: Members or veterans of any branch of the U.S. Armed Forces do not need to pay a fee to file Form N-336 if they have filed Form N-400 under sections 328 or 329 of the Immigration and Nationality Act (the INA) and their Form N-400 has been denied.


Use the following guidelines when you prepare your check or money order for your Form N-336 fee:


1. The check or money order must be drawn on a bank or other financial institution located in the United States and must be payable in U.S. currency; and


2. Make the check or money order payable to U.S. Department of Homeland Security


NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."


3. If you live outside the United States, Guam, or the U.S. Virgin Islands, contact the nearest U.S. Embassy or consulate for instructions on the method of payment.


Notice to Those Making Payment by Check


USCIS will make a copy and convert your original check into an electronic funds transfer (EFT). This means USCIS will use the account information on your check to electronically debit your account for the check amount. This debit usually takes 24 hours and should show up on your regular account statement.


USCIS will not return your original check. USCIS will destroy it and keep a copy with your file. If the EFT cannot be processed due to technical reasons, you authorize USCIS to process the copy of the check. If the EFT cannot be completed because of insufficient funds, USCIS may try the EFT up to two times.


If you receive an insufficient funds notice, USCIS will send you instructions on how to submit your penalty fee. Do not send a check for the penalty fee to the address where you filed your Form N-336. It will be returned to you.


How To Check If the Fees Are Correct


The fee on Form N-336 is current as of the edition date appearing in the lower right corner of this page. However, because USCIS fees change periodically, you can verify if the fees are correct by following one of the steps below:


1. Visit the USCIS Web site at www.uscis.gov, select “FORMS,” and check the “filing fee” column for the form you are filing;


2. Review the Fee Schedule included in your form package if you called us to request the form; or


3. Telephone the USCIS National Customer Service Center at 1-800-375-5283 and ask for the fee information.


Fee Waiver Request


Individuals may request a fee waiver based on an inability to pay. Form I-912 provides a standard means for submitting fee waiver requests. The instructions provide applicants with guidance on properly completing Form I-912 and submitting supporting documentation. The instructions also provide information on how USCIS makes a decision on a fee waiver request.  To download a copy of Form I-912, including the instructions, click on the “FORMS” link on the USCIS Web site at www.uscis.gov.


Page 1, Where to File?

You must file your Form N-336 with the USCIS office that made the unfavorable decision within 30 calendar days after service of the decision. The date of service is normally the date of the decision.

Where To File

[ninth heading]


Mail your completed Form N-336 and accompanying documentation to the USCIS Phoenix Lockbox facility at the following address:


USCIS

P.O. Box 20100

Phoenix, AZ 85036


For Express Mail or courier deliveries, use the following address:


USCIS

Attn: Form N-336

1820 E. Skyharbor Circle S

Suite 100

Phoenix, AZ 85034


Form N-336 Requests From Current or Former Members of the Military, Spouses of Current Members of the Military, and Close Relatives of Deceased Members of the Military


You must send the Form N-336 for the naturalization application filed under the military provisions, sections 328 or 329 of the INA, to the USCIS Nebraska Service Center (NSC) at the address below regardless of where you live and whether you are filing from within the United States or abroad. Also, if you are the spouse of a current member of the military, or are the close relative of a member of the military (see INA section 319(d)), send your request for a hearing to the NSC at the address below regardless of where you live and whether you are filing from within the United States or abroad.


USCIS Nebraska Service Center

P.O. Box 87426

Lincoln, NE 68501-7426


For Express Mail or courier deliveries, use the following address:

USCIS Nebraska Service Center

850 S. Street

Lincoln, NE 68508


E-Notification


If you are filing your Form N-336 at one of the USCIS Lockbox facilities, you may elect to receive an e-mail and/or text message notifying you that your Form N-336 has been accepted.  You must complete Form G-1145, E-Notification of Application/Petition Acceptance, and attach it to the first page of your Form N-336. To download a copy of Form G-1145, including the instructions, click on the “FORMS” link on the USCIS Web site at www.uscis.gov.


Form Revision Date and Filing Addresses


The filing addresses provided on this form reflect the most current information as of the date this form was last printed. If you are filing Form N-336 more than 30 days after the latest edition date shown in the lower right corner, visit the USCIS Web site at www.uscis.gov before you file, and check the “FORMS” page to confirm the correct filing address and version currently in use. Check the edition date located at the lower right corner of the form. If the edition date on your Form N-336 matches the edition date listed for Form N-336 on the online “FORMS” page, your version is current. If the edition date on the online version is more recent, download a copy and use it. If you do not have Internet access, call the USCIS National Customer Service Center at 1-800-375-5283 to verify the current filing address and edition date. USCIS will reject forms with the wrong revision date and return the fee with instructions to resubmit the entire filing using the current form.



Page 2, Address Change

If you change your address and you have an application or petition pending with USCIS, you may change your address online at www.uscis.gov, click on "Change your address with USCIS" and follow the prompts or by completing and mailing Form AR-11, Alien's Change of Address Card, to:


U.S. Citizenship and Immigration Services

Change of Address

P.O. Box 7134

London, KY 40742-7134


For commercial overnight or fast freight services only, mail to:


U.S. Citizenship and Immigration Services

Change of Address

1084-I South Laurel Road

London, KY 40744

Address Change

[10th heading]


If you have changed your address, you must inform USCIS of your new address. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283.


NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox facilities do not process change of address requests.


Page 2, USCIS Forms and Information

USCIS Forms and Information


To order USCIS forms, call our toll-free number at 1-800-870-3676. You can also get USCIS forms and information on immigration laws, regulations, and procedures by telephoning our National Customer Service Center at 1-800-375-5283 or visiting our Internet website at www.uscis.gov.


As an alternative to waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our Internet-based system, InfoPass. To access the system, visit our web site. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.

USCIS Forms and Information

[11th heading]


You can get USCIS forms and immigration-related information on the USCIS Web site at www.uscis.gov. You may order USCIS forms by calling the USCIS toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning the USCIS National Customer Service Center at 1-800-375-5283.


You can schedule an appointment to meet with a USCIS representative at your local USCIS office through the USCIS Internet-based system, InfoPass. To access the system, visit the USCIS Web site. Use the InfoPass appointment scheduler and follow the screen prompts to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.

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Attorney or Representative

[12th heading]


You may be represented, at no expense to the U.S. Government, by an attorney or other duly accredited representative. Your representative must submit Form G-28 with your Form N-336. Your representative may also submit the Form G-28 at the time of your interview. Form G-28 can be obtained by visiting the USCIS Web site at www.uscis.gov calling the USCIS forms line number at 1-800-870-3676, or by contacting the USCIS National Customer Service Center at 1-800-375-5283.



Page 2, Privacy Act Notice


Privacy Act Notice


We ask for the information on this form, and associated evidence, to determine if you have established eligibility for the immigration benefit for which you are filing.

USCIS Privacy Act Statement

[14th heading]


AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101, et. seq.


PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. The information you provide will be used to grant or deny the benefit sought.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your form.


ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File (A-File), Index, and National File Tracking System of Records Central Index System (CIS), which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.

Page 2, Paperwork Reduction Act

Paperwork Reduction Act


An agency may not conduct or sponsor an information collection and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 2 hours and 45 minutes per response.

Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Products Division, 111 Massachusetts Avenue, N.W., 3rd Floor, Suite 3008, Washington, DC 20529. Do not mail your application to this address.

Paperwork Reduction Act

[16th heading]


An agency may not conduct or sponsor information collection, and a person is not required to respond to a collection of information, unless Form N-336 displays a current valid OMB control number. The public reporting burden for this collection of information is estimated at 2 hours and 45 minutes per response. This includes the time to review the instructions, as well as complete and submit your Form N-336. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Avenue, N.W., Washington, DC 20529-2020. OMB No. 1615-0050. Do not mail your completed Form N-336 to this address.


Page 2, Penalties

Penalties


If you knowingly and willfully falsify or conceal a material fact or submit a false document with this Form N-336, USCIS will deny your Form N-336 and may deny any other immigration benefit.


In addition, you may be subject to criminal prosecution and penalties provided by law.


Penalties

[13th heading]


If you knowingly and willfully falsify or conceal a material fact or submit a false document with this Form N-336, USCIS will deny your Form N-336 and may deny any other immigration benefit. In addition, you may be subject to criminal prosecution and penalties provided by law.




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File Typeapplication/msword
File TitleFORM N-336
Authoruser_template
Last Modified ByEvadne Hagigal
File Modified2012-03-21
File Created2012-03-21

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