Denied Citizenship is it worth filing N-336 in this case?

[IgorT 1]

Hello,

My brother filed N-400 back in December, he passed the interview, but was not granted citizenship because he was 50 days short of the 2.5 years required to be present in the US.

As of right now he has been physically in the US for more then 2.5 years, so we were hoping to file N-336 and try to use that fact to be able to get naturalization.

Although the filing fee for N-336 is 650$, about the same as the fee for N-400.

Do you think they will grant him citizenship if he tells them he has physically been in the US for 2.5 years as of RIGHT NOW. Or they look at the date since you applied, and it would be easier to apply for a new N-400?

Thanks!

[BigDaddy28 228]

I would go with a new n400 if I were you. Just make sure that they start counting from the date of filling of the new application.

[aaron2020 11,652]

File a new N-400.

To win on appeal with the N-336, your brother has to show what USCIS did wrong in denying the N-400.

Your brother can not win on the N-336 because he made the mistake. USCIS followed the law and properly denied the N-400 because your brother did not meet all the requirements for naturalization.

The date your brother filed the N-400, he must meet all the requirements. He cannot file early and then claim to meet the requirements after the filling. This is not permitted.

Edited March 1, 2014 by aaron2020

[Darnell 8,479]

ya, what aaron said.

Suggest your brother wait it out, file a new N400.

It's only money, after all. Still, it's good that he learned something the first time, IMO/E knowledge acquisition is NEVER free.