N336

[Dollarbill 0]

How long is the processing time for form N336 and what's the procedure.

[EM_Vandaveer 2,438]

When and why was your N-400 denied?

[Dollarbill 0]

My N400 was dined in April and the reason for dined additional documents that was requested weren't summit on time due to I have to send to my country for those documents.

[JimmyHou 613]

I know one person who did this and it took about 4 months, but that was 5 years ago. There are probably other examples that you might find if you search for N336 on this website; you probably already have.

Send in the application with the fee and a detailed explanation of what happened along with copies of the denial, receipt notice, everything you've got. Include copies of originally-submitted and newly-requested evidence. You can wait and take this to the interview (you'll have to have a new interview) but might as well send copies to show that you are now prepared. You have to file within 30 days of the denial.

Something to keep in mind:

An appeal is supposed to be successful only if they determine that the denial was a mistake. If you didn't submit the documents on time then the denial was not a mistake.

Technically, if you now have documents that you didn't have by the deadline, you are supposed to reapply and not appeal.

Example: It's similar (but not exactly the same) to not having enough days of physical presence in the US at the time of your interview; if you now have enough days of physical presence, you can't appeal and say that you now meet the requirement; you'd have to reapply.

That's how it's supposed to work, but, sometimes they are lenient and approve appeals when the applicant can show that he/she now meets the requirements that would have led to approval at the time of the interview. I think this is more likely in cases like yours where it's just a matter of documentation and there's a good reason for why it took so long. Ideally, you should have gone in for an infopass and asked for an extension (maybe you did and it wasn't granted).

I just want to share this to explain that even if you have everything you need now, the appeal may not be successful because the initial decision was not wrong. There's still a chance that an appeal would work, but I have no idea how big a chance (could be more or less than 50%... sorry, no clue).

Since the N336 fee is not cheap ($650) and since it can take several months, you may want to consider reapplying with a new N400, which will be more expensive, but will have a higher chance of approval, in my opinion. But there's nothing wrong with trying an appeal if you'd rather try that.

Finally, sometimes USCIS will specifically tell you to appeal if the documents become available; if this is the case, then definitely go ahead and appeal.

I guess if I were in your shoes, I would file a new N400. but you may have reasons to prefer an appeal..

Good luck, and please come back and let us know how it all works out.

Edited June 28, 2016 by JimmyHou

[EM_Vandaveer 2,438]

You can't file N-336 as it needs to be filed within 30 days of receiving the N-400 denial.

Re-file your N-400 instead.

[Dollarbill 0]

I did file an appeal within the 30 days, I just wanted to know how long it's going to take after submitting an appeal. Sorry I didn't mention early.

[EM_Vandaveer 2,438]

I did file an appeal within the 30 days, I just wanted to know how long it's going to take after submitting an appeal. Sorry I didn't mention early.

Oh, OK then. I've no idea of the timeframe, but good luck and please keep us posted how it goes so others can learn. This is not discussed often.

[Dollarbill 0]

OK I will keep you'll posted.

[Dollarbill 0]

Can a 10yrs permanent resident file for out of status spouse? If how go about it.

[EM_Vandaveer 2,438]

Can a 10yrs permanent resident file for out of status spouse? If how go about it.

No. You have to naturalize first.

[Dollarbill 0]

OK thanks for your response.