N-336 Instructions - Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

Form N-336, Instructions for Request for Hearing on a Decision in Naturalization Proceedings Under Section 336

OMB Number: 1615-0050

07/11/2022

Reason for Revision: FeeRule NPRM

Project Phase: OMBReview

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 08/31/2024

Edition Date 08/31/2021

Current Page Number and Section	Current Text	Proposed Text
Page 1, When Should You File Form N-336?	[Page 1] When Should You File Form N-336? You should file your request for a hearing (Form N-336) within 30 calendar days of receiving the decision denying your Form N-400. Generally, USCIS will reject a request that is not timely filed. USCIS will not refund the filing fee if Form N-336 is rejected because it was not timely filed. However, if you do not timely file your request for a hearing, but it meets the requirements for a motion to reopen or motion to reconsider, USCIS will reopen or reconsider your case and send you a decision. 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.	[Page 1] When Should You File Form N-336? You should file your request for a hearing (Form N-336) within 30 calendar days of receiving the decision denying your Form N-400. Generally, USCIS will reject a request that is not timely filed. However, if you do not timely file your request for a hearing, but it meets the requirements for a motion to reopen or motion to reconsider, USCIS will reopen or reconsider your case and send you a decision. 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.
Page 1-2, General Instructions	[Page 1] General Instructions … Filing Fee. Each request must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of these Instructions.) Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. After USCIS receives your request and ensures it is complete, we will inform you if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location, date, and time of your appointment. If you are outside the United States, the notice will provide you with instructions for completing and submitting biometrics from outside the United States. [Page 2] If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that: …	[Page 1] General Instructions … Filing Fee. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form. Biometric Services Appointment. USCIS may require that you appear for an interview or provide biometrics at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application or petition. After USCIS receives your request and ensures it is complete, we will inform you if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location, date, and time of your appointment. If you are outside the United States, the notice will provide you with instructions for completing and submitting biometrics from outside the United States. [Page 2] If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that: …
Page 2-5, Specific Instructions	[Page 2] Specific Instructions … Item Number 6. 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 type or print something in every box, except an apartment number or “In Care Of Name” if you do not have one, within “Mailing Address.” NOTE: USCIS may not be able to contact you or notify you of your hearing date if you do not provide a complete and valid address. If your N-336 is rejected, USCIS may not be able to return the filing fee for Form N-336 to you if you do not type or print a complete and valid address. If USCIS cannot return the filing fee, USCIS will cash your check. Item Number 7. Contact Information. Enter your contact information in Items A. - B. Part 2. Information About Form N-400 Denial On Which You (the Naturalization Applicant) Are Requesting a Hearing … We recommend that you print or save a copy of your completed request to review in the future and for your records. If USCIS requires you to attend a biometric services appointment, we recommend that you review your copy of your completed request before you go to your biometric services appointment. At your appointment, USCIS will permit you to complete the request process only if you are able to confirm, under penalty of perjury, that all of the information in your request is complete, true, and correct. If you are not able to make that attestation in good faith at that time, USCIS will require you to return for another appointment.	[Page 2] Specific Instructions … Item Number 6. 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 type or print something in every box, except an apartment number or “In Care Of Name” if you do not have one, within “Mailing Address.” NOTE: USCIS may not be able to contact you or notify you of your hearing date if you do not provide a complete and valid address. [deleted] Item Number 7. Contact Information. Enter your contact information in Items A. - B. Part 2. Information About Form N-400 Denial On Which You (the Naturalization Applicant) Are Requesting a Hearing … We recommend that you print or save a copy of your completed request to review in the future and for your records. If USCIS requires you to attend a biometric services appointment, we recommend that you review your copy of your completed request before you go to your biometric services appointment. At your appointment, USCIS will permit you to complete the request process only if you are able to confirm, under penalty of perjury, that all of the information in your request is complete, true, and correct. If you are not able to make that attestation in good faith at that time, USCIS will require you to return for another appointment.
Page 5-6, What Is the Filing Fee?	[Page 5] What Is the Filing Fee? The filing fee for Form N-336 is $700. If you receive a notice to appear for a biometric services appointment, you may also be required to pay the $85 biometric services fee. NOTE: Members or veterans of any branch of the U.S. Armed Forces do not need to pay a filing fee to file Form N-336 if they have filed Form N-400 under the military naturalization provisions of the Immigration and Nationality Act (sections 328 or 329) and their Form N-400 has been denied. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this request. DO NOT MAIL CASH. You must submit all fees in the exact amounts. Payments by Check of Money Order Use the following guidelines when you prepare your check or money order for the Form N-336 filing 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, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the method of payment. Notice to Those Paying by Check. If you send USCIS a check, we will convert it 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 your bank will show it on your regular account statement. You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your check is returned as unpayable, we will re-submit the payment to the financial institution one time. If the check is returned as unpayable a second time, we will reject your request and charge you a returned check fee. Payments by Credit Card If you are filing your request at a USCIS Lockbox facility, you can pay your filing fee using a credit card. Please see Form G-1450, Authorization for Credit Card Transactions, at www.uscis.gov/G-1450 for more information. [Page 6] How To Check If the Fees Are Correct Form N-336’s filing fee is current as of the edition date in the lower left corner of this page. However, because USCIS fees change periodically, you can verify that the fee is correct by following one of the steps below. 1. Visit the USCIS website at www.uscis.gov, select “FORMS,” and check the appropriate fee; or 2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833. Fee Waiver You may be eligible for a fee waiver under 8 CFR 103.7(c). If you believe you are eligible for a fee waiver, complete Form I-912, Request for Fee Waiver (or a written request) and submit it and any required evidence of your inability to pay the filing fee with this request. You can review the fee waiver guidance at www.uscis.gov/feewaiver.	[deleted]
Page 6, Attorney or Accredited Representative	[Page 6] Attorney or Accredited Representative 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, Notice of Entry of Appearance as Attorney or Accredited Representative, with your Form N-336. Your representative may also submit Form G-28 at the time of your interview. Form G-28 can be obtained by visiting the USCIS website at www.uscis.gov, or by contacting the USCIS Contact Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.	[Page 6] Attorney or Accredited Representative 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, Notice of Entry of Appearance as Attorney or Accredited Representative, with your Form N-336. Your representative may also submit Form G-28 at the time of your interview. Form G-28 can be obtained by visiting the USCIS website at www.uscis.gov, or by contacting the USCIS Contact Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Page 6-7, Processing Information	[Page 6] Processing Information USCIS will reject 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). 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 provide a complete mailing address, and you will be notified why the form is considered deficient. You may correct the deficiency and refile Form N-336. An application, petition, or request is not considered properly filed until accepted by USCIS. [Page 7] Initial Processing. Once USCIS accepts your request we will check it for completeness. If you do not completely fill out your request, you will not establish a basis for your eligibility and USCIS may reject or deny your request. …	[Page 6] Processing Information USCIS will reject 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). 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 provide a complete and valid mailing address, and you will be notified why the form is considered deficient.  If USCIS cannot return the filing fee, USCIS will deposit the fee. You may correct the deficiency and refile Form N-336. An application, petition, or request is not considered properly filed until accepted by USCIS. [Page 7] Initial Processing. Once USCIS accepts your request we will check it for completeness. If you do not completely fill out your request, you will not establish a basis for your eligibility and USCIS may reject or deny your request. …
Page 8, Paperwork Reduction Act	[Page 8] 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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 2 hours and 45 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the request, preparing statements, attaching necessary documentation, and submitting the request. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No.1615-0050. Do not mail your completed Form N-336 to this address.	[Page 8] 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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 2.567 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the request, preparing statements, attaching necessary documentation, and submitting the request. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No.1615-0050. Do not mail your completed Form N-336 to this address.

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