Comment Matrix

DRAFT 2015 N-336 Comments Matrix.docx

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

Comment Matrix

OMB: 1615-0050

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N-336 Comments 2015


Commentator

Topic

Comment

USCIS Response

Jean Public

General

I OPPOSE NEW APPEALS BEING GIVEN TO ILLEGAL LEACHING SNEAKING LAWBREAKING IMMIGRANTS. ONE APPEAL IS ENOUGH. THIS ENDLESS APPEAL PROCESS IS COSTING AMERICAN TAXPAYERS TRILLIONS OF DOLLARS AND TAKING UP THE TIME OF OUR GOVBT. ITS TIME TO STOP THIS FOR FOREIGNERS. THEY ARE LUCKY THEY GET ONE HEARING. THEY SHOULD GET NO HEARINGS AND BE STOPPED WITH GUNS AND WALLS AT THE BORDER. THEY ARE SNEAKS HERE TO LEACH AND THEY DO WITH THEIR FREEBIES FOR MEDICAL, EDUCATION, WELFARE PAYMETNS. THEY LIVE BETTER THAN AMERICANS THESE DYAS WITH ALL THE MONIES GOING TO THEM BECAUSE OF CORRUPT POLITICIANS. THEY ARE NOT CITIZENS. WE DONT OWE THEM ANYTHING AT ALL. THEY BELONG IN THEIR OWN COUNTRY. THEY CAN APPLY FROM THEIR OWN COUNTRY TO COME HERE LEGALLY. THAT IS THE WAY TO COME TO AMERICA, NOT SNEAKING ILLEGALLY AND THEN COMMITTING CRIME AFTER CRIME AFTER CRIME. SOME OF THEM CARRY 17 IDENTITIES. SHUT DOWN THIS ENDLESS APPEAL PROCESS. REDUCE THE FUNDS FOR HTIS PROGRAM TO ZERO SO THAT IT HAS NO MONEY TO OPERATE. STOP THEM AT THE BORDER. THEY BELONG IN THEIR OWN COUNTRY. TELL THEM ALL TO GO HOME. THIS APPEAL PROCESS NEEDS SHUT DOWN. THEY HAVE ONE HEARING. THAT IS MORE THAN THEY SHOULD HAVE. AMERICAN TAXPAEYRS CANNOT GO ON BEING GOUGED TO DEATH TO CODDLE THESE SNEAKS. TAKE EVERY AMERICAN DOLLAR SOUT OF THIS PROGRAM. ITS CLEAR THESE ILLEGALS PAY NOTHING FOR THESE ENDLSSS AMERICAN SERVICES THEY GET. THAT NEEDS TO CHANGE. AMERICAN CITIZENS ARE BEING PAUPERIZED BY THESE LEACHES.

No changes necessary.

Jose Magana-Salgado, ILRC

Requirement for attaching denial to appeal

1. Recommendation. Form N-336. ILRC strongly urges USCIS to reconsider requiring requestors to attach a copy of the decision denying their Form N-400 at the time requestors file their Form N-336.

Rationale: The Form N-400 denial is on file with USCIS, making it an unnecessary burden on requestors to submit a copy of that decision. Additionally, requiring a copy of this decision would prevent requests, which might otherwise be approved, from being denied for failure to attach a copy of a decision already in USCIS’s possession. Requiring copies of the decision will likely lead to Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) in the cases of requestors who do not submit of their decision, which will needlessly elongate the process and expend adjudication resources. Finally, requestors who do not have a copy of their decision must follow up with USCIS to obtain a copy. For these individuals, it is highly unlikely they will be to obtain a copy of this decision and file during the 30-day period.

Thank you for the feedback. USCIS will consider the recommendation for the next version.

Jose Magana-Salgado, ILRC

Requirement for attaching denial to appeal

2. Recommendation (alternate). Form N-336 Instructions. Page 1. Document Submission. In the alternative, USCIS could change “must” on page 1 of the instructions to “may,” providing flexibility for both requestors who do and do not have copies of the decision.

Rationale: This change eases the unnecessary burden of providing a copy of the decision, while also allowing requestors who do possess a copy of the decision to submit it in support of their requests. Furthermore, requestors will still be able to make a good faith effort to obtain and submit a copy of the decision within 30 days but those who cannot, will still be able to timely request a hearing. Moreover, making the submission of a decision optional would also decrease the incidence of RFEs, NOIDs, and denials.

Thank you for the feedback. Same as above, USCIS will consider for the next version.

Jose Magana-Salgado, ILRC

Translations template

3. Recommendation. Form N-336 Instructions. Page 1. General Instructions. Make the following changes:

“Translations. If you submit . . . foreign language into English. An example certification would read “I, [typed name], certify that I am fluent (conversant) in the English and [language] languages, and that the above/attached document is an accurate translation of the document attached entitled [name of document].” The certification should also include the date and the translator’s signature, typed name, and address.”

Rationale: The instructions do not give an example of a template translation certification that a requestor should submit. This recommendation ensures that a requestor will provide a certification that contains all of the necessary information and is identical to the guidance provided by USCIS under the “General Tips on Assembling Applications for Mailing” section of its website and Form I-821D Instructions.

Thank you for your feedback. USCIS is unable to provide a template. The requirements for translators are included within the form instructions. Additionally, the new form has a certification for translators.

Jose Magana-Salgado, ILRC




Refund for late filing

4. Recommendation: Form N-336 Instructions, Page 1. Make the following change:

USCIS should refund application fees for rejected applications because the applications were not timely filed.

Rationale: USCIS should not require requestors to pay for applications that USCIS does not adjudicate. These applications do not implicate the expenditure of any adjudicatory resources because USCIS rejected these applications. It is unfair and unjust for requestors to pay for services that were not rendered and resources that were not expended. Moreover, keeping the fee may prevent these individuals from resubmitting a request that cures the initial reason for rejection.

Thank you for your feedback. USCIS will review the request for future forms and fee rule.

Thomas Thompson


I think that this requirement would be better met if like lets say I sponsor someone for admission. And the person messed up on the form. The form is then denied. It would be really better if the name of whom the request for hearing is to be appealed to were on the denial letter along with the required paperwork that is needed for the appeal. So if the Form N-336 were mailed along with the denial letter to the recipient along with the address and name of the person whom is to accept the form. Best use of the chain of command will enable us to meet the requirements of the PRA

Thank you for your feedback. The denials are sent to the applicant for naturalization with the information to submit an N-336.




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