What is the best reasons for a request for hearing under form N-336?

Asked about 1 year ago - Parlin, NJ

My citizen application was rejected because of having violated my probation terms between October 2006 and sentenced in October 2007 for possession of marijuana under 50 grams within a school zone . However , on November 15 , 2010 was charged with DUI . So , my application was rejected on grounds of not having established moral character . Is it it too early to early to apply for a hearing under N - 336 ?

Attorney answers (5)

  1. William John Vandenberg


    Contributor Level 5


    Lawyers agree

    Answered . Great question. Not enough answers, though. I'd have to see the decision to decide whether or not it's worth your time or money to appeal the denial. The positives of appealing it is the reviewing officer may view it differently, and in addition we could add positive proof of your good moral character to try to balance out the DUI.

    On the other hand, there may be wisdom in waiting. I am concerned about the marijuana issue and I think at a minimum you need to sit with a good immigration lawyer to discuss whether or not you want to be traveling outside the USA ( NOT advisable ). You also have to decide if it's worth it to pay about the same amount of money for an N-336 that you'd pay for a whole new naturalization application.

    Bottom line: you need to see a good attorney and go over your naturalization and your contact with the criminal justice system. Your biggest problem may not be the lack of naturalization.



    (610) 664-6271. John Vandenberg focuses his practice solely on immigration law. You can keep up to date on... more
  2. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . N-336 is an appeal form, you can use it if your N-400 application was denied in the last 30 days

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Depending on your marital situation, you needed to demonstrate good moral character during the past 3, or 5, years. Clearly a November 2010 conviction for DUI 'broke' your record.

    As for your marijuana conviction and probation violation, even if they were more than 3/5 years ago, CIS can look at them.

    You really need to meet with an attorney before you file any more papers.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Eric M. Mark


    Contributor Level 20


    Lawyer agrees

    Answered . N-336 is an appeal. YOu are not going to win. Save your money. YOu already wasted $680 that you could have saved by consulting with an immigration lawyer prior to filing. It's time for you to do so now before you waste more money.

  5. Stephen D. Berman


    Contributor Level 20


    Lawyers agree

    Answered . It seems you do not have five years good moral character and in fact you are lucky you were not put in removal proceedings. Wait until five years from your most recent arrest.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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