It is the Request for a Hearing on a Decision in Naturalization Proceedings, the administrative appeal you file when USCIS denies your N-400 after the interview. Authorized by INA section 336 and 8 CFR part 336, it asks a different USCIS officer to review whether the denial was correct. It is not a second interview or a request for a favor; it is a formal challenge to a specific factual or legal error, usually supported by evidence and a legal brief.

How long do I have to file it?

You must file Form N-336 within 30 calendar days of receiving the denial notice, or 33 days if USCIS mailed the decision to you. USCIS generally rejects untimely requests and does not refund the fee for a rejected filing. If a late request happens to meet the standards for a motion to reopen or reconsider, USCIS may treat it that way, but that is a fallback, not a substitute for filing within the deadline.

Who conducts the N-336 hearing?

An officer other than the one who denied your original application, classified at a grade equal to or higher than that officer. USCIS schedules the hearing within 180 days of the filing. The reviewing officer can examine you, review the administrative record and USCIS files, and take new evidence or testimony. Depending on the issues, the officer may hold a full de novo hearing or a less formal review, and may affirm the denial or change the original decision in whole or in part.

What is a de novo hearing?

A de novo hearing is a fresh review conducted as though no decision had been made on the application. At the N-336 stage, the reviewing officer has the discretion to conduct one, looking at the whole case rather than deferring to the first officer's conclusions. The same de novo standard applies later in federal court under section 310(c), where the district court makes its own findings of fact and conclusions of law without deferring to USCIS.

What if the N-336 hearing is also denied?

You can seek judicial review under INA section 310(c) in the U.S. district court for the district where you live. Under 8 CFR 336.9, the petition for review must be filed not more than 120 days after the USCIS final determination. The court reviews the naturalization application de novo, makes its own findings, and may hold its own hearing at your request. But you can only reach court after completing the N-336 hearing: a naturalization denial is not subject to judicial review until you have exhausted the section 336 administrative remedy.

Should I file an N-336 or a new N-400?

It depends on why you were denied. If the denial rests on an identifiable legal or factual error you can document, an N-336 lets you challenge that decision directly and preserves your path to federal court. If the denial reflects an eligibility problem you cannot currently overcome, filing a fresh N-400 once you qualify may be more productive. The reason for denial, and whether you have evidence to rebut it, drives the choice.

Form N-336: Appealing a Denied Naturalization (INA 336)

TL;DR

If USCIS denies your Form N-400 application for naturalization after your interview, the denial is not necessarily the end. You have the right to request a hearing before a different USCIS officer by filing Form N-336, and the process comes from section 336 of the Immigration and Nationality Act (INA) and 8 CFR part 336. The deadline is strict and heavily tested: you must file Form N-336 within 30 calendar days of receiving the denial, or 33 days if USCIS mailed it to you. USCIS then schedules a hearing within 180 days, conducted by an officer who did not decide your original case and who holds a grade equal to or higher than the first officer. That officer may hold a full de novo hearing — reviewing your case as if no decision had been made — or a more limited review focused on the reason for denial, and may affirm the denial or reverse it in whole or in part. If the N-336 hearing also ends in denial, you can seek review in federal court under INA section 310(c): a U.S. district court reviews the naturalization application de novo, making its own findings of fact and conclusions of law. Completing the N-336 hearing first is required, because you must exhaust this administrative remedy before a court will hear the case.

What Form N-336 is

Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, is the administrative appeal available when USCIS denies an N-400 after the naturalization interview. It is authorized by section 336 of the INA and governed by 8 CFR part 336. Filing it is not a repeat of the interview and not a plea for sympathy; it is a formal request asking USCIS to review whether the denial was correct, supported by evidence and, in most successful cases, a legal brief identifying the specific factual or legal error in the original decision.

Understanding why the application was denied is the starting point, because the N-336 has to address that reason directly. Some denials rest on issues that a hearing can resolve — a misreading of the record, a residence or physical-presence calculation, or a good-moral-character determination that additional evidence can rebut. If the reason for denial is one you cannot overcome, filing a new N-400 may sometimes be the better path. For what the underlying interview involves, see our guide to the naturalization interview and how to prepare.

The 30-day deadline and the hearing

The timing rule is the most tested part of this topic. Under 8 CFR part 336, you must file Form N-336 within 30 calendar days after you receive the notice of denial, extended to 33 days if USCIS mailed the decision to you. USCIS will generally reject a request that is not timely filed, and it will not refund the filing fee for an untimely request. There is a limited fallback: if a late N-336 nonetheless meets the requirements of a motion to reopen or a motion to reconsider, USCIS may treat it that way and issue a decision, but you should never rely on that instead of filing on time.

Once a timely request is filed, USCIS schedules a review hearing within a reasonable period not to exceed 180 days from the date the request is filed. The hearing is conducted by an officer other than the one who made the original decision, classified at a grade level equal to or higher than that officer. The reviewing officer has broad authority: to review the naturalization application, examine the applicant, review the administrative record and USCIS files, and receive new evidence or testimony relevant to eligibility. Based on the complexity of the issues, the officer may conduct a full de novo hearing or use a less formal review procedure. Because a denial can turn on eligibility findings like residence or conduct, this topic connects to our guide to good moral character standards.

Judicial review under section 310(c)

If the N-336 hearing ends in another denial, the INA provides a further route: judicial review in federal court. Under section 310(c) of the INA, a person whose application is denied after the section 336 hearing may seek review in the United States district court for the district where they reside. This review is de novo — the court makes its own findings of fact and conclusions of law, is not bound by the USCIS determination, and may, at the applicant's request, conduct its own hearing on the naturalization application. The regulations also set a court-filing deadline: under 8 CFR 336.9, the petition for review must be filed in the proper U.S. district court not more than 120 days after the USCIS final determination following the N-336 hearing.

A critical requirement links the two stages: exhaustion of administrative remedies. A USCIS denial of naturalization is not subject to judicial review until the applicant has completed the section 336 hearing process. In other words, the N-336 hearing is not optional if you intend to go to court — it is the mandatory administrative step that must be finished before a district court has jurisdiction to review your case. This is why the N-336 deadline matters so much: missing it can forfeit not just the administrative hearing but the ability to obtain de novo review in federal court later. For what a denial can mean for a case that has already stumbled once, see our guide to what to do after a failed citizenship exam.

Frequently Asked Questions

What is Form N-336?: It is the Request for a Hearing on a Decision in Naturalization Proceedings, the administrative appeal you file when USCIS denies your N-400 after the interview. Authorized by INA section 336 and 8 CFR part 336, it asks a different USCIS officer to review whether the denial was correct. It is not a second interview or a request for a favor; it is a formal challenge to a specific factual or legal error, usually supported by evidence and a legal brief.
How long do I have to file it?: You must file Form N-336 within 30 calendar days of receiving the denial notice, or 33 days if USCIS mailed the decision to you. USCIS generally rejects untimely requests and does not refund the fee for a rejected filing. If a late request happens to meet the standards for a motion to reopen or reconsider, USCIS may treat it that way, but that is a fallback, not a substitute for filing within the deadline.
Who conducts the N-336 hearing?: An officer other than the one who denied your original application, classified at a grade equal to or higher than that officer. USCIS schedules the hearing within 180 days of the filing. The reviewing officer can examine you, review the administrative record and USCIS files, and take new evidence or testimony. Depending on the issues, the officer may hold a full de novo hearing or a less formal review, and may affirm the denial or change the original decision in whole or in part.
What is a de novo hearing?: A de novo hearing is a fresh review conducted as though no decision had been made on the application. At the N-336 stage, the reviewing officer has the discretion to conduct one, looking at the whole case rather than deferring to the first officer's conclusions. The same de novo standard applies later in federal court under section 310(c), where the district court makes its own findings of fact and conclusions of law without deferring to USCIS.
What if the N-336 hearing is also denied?: You can seek judicial review under INA section 310(c) in the U.S. district court for the district where you live. Under 8 CFR 336.9, the petition for review must be filed not more than 120 days after the USCIS final determination. The court reviews the naturalization application de novo, makes its own findings, and may hold its own hearing at your request. But you can only reach court after completing the N-336 hearing: a naturalization denial is not subject to judicial review until you have exhausted the section 336 administrative remedy.
Should I file an N-336 or a new N-400?: It depends on why you were denied. If the denial rests on an identifiable legal or factual error you can document, an N-336 lets you challenge that decision directly and preserves your path to federal court. If the denial reflects an eligibility problem you cannot currently overcome, filing a fresh N-400 once you qualify may be more productive. The reason for denial, and whether you have evidence to rebut it, drives the choice.

Bottom Line

A denied N-400 is not the last word: section 336 of the INA lets you request a hearing by filing Form N-336, and the deadline is strict — 30 calendar days after receiving the denial, or 33 days if it was mailed. USCIS schedules the hearing within 180 days before an officer who did not decide the original case and who holds an equal or higher grade; that officer may conduct a full de novo hearing or a narrower review and may affirm or reverse the denial in whole or in part. If the hearing still ends in denial, section 310(c) allows review in U.S. district court — a petition that must be filed within 120 days of the final determination under 8 CFR 336.9 — where the judge reviews the application de novo and makes independent findings of fact and law. The N-336 hearing must be completed first, because exhausting that administrative remedy is required before a court has jurisdiction — which is exactly why the 30-day deadline is so important. For related topics, see our guides to the naturalization interview, good moral character, and what to do after a failed exam.

Source: Immigration and Nationality Act § 336 (Hearings on denials of applications for naturalization) and § 310(c) (judicial review); 8 CFR part 336. USCIS Form N-336 (official page) · 8 CFR § 336.2 (USCIS hearing, Cornell LII) · 8 CFR part 336 (eCFR, full text)