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N-336 vs re-applying N-400? If N-400 is denied, how long do I have to wait?

Los Angeles, CA |

My mother applied for citizenship back in September 2011. She got fingerprinted and left the States in October 2011. Then she came back on January 2012 for her first interview which she failed (lack of English skills), and then she came back again on March 2012 for her 2nd interview, but failed for the same reason.

I know it'd be best to stay in States and reapply N-400, get her citizenship and leave, but she is not in a place where she could wait in States for her citizenship at the moment.

So I'm guessing she has two options:
1) Apply for an N-336 hearing, get passed and get it done; or
2) Apply for N-400 again.

To apply for N-336, especially when she failed because of her English skill, how could she prepare for the hearing, and how long would be the processing time?

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Attorney answers 4

Posted

I think you would be wasting mom’s time appealing her denial. How can you prove USCIS was wrong about her lack of English skills?

Asker

Posted

Not going to lie, true that. For the 2nd interview, she told me she did not answer US history questions because she thought she passed it on the first interview... Yes, I know.. Thanks for the answer.

Posted

The N-336 should only be filed if you can overcome the reasons for the denial at the N-400 interview. Given that your mother was unable to pass the English test after two attempts and having lived in the US for a minimum of three years, it is unlikely that she would be able to overcome the reasons for the denial, particularly if she is constantly traveling to her country of origin.

How can she prepare? By studying English.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Asker

Posted

I agree, that's what I thought as well. So, to apply for the new N-400, how long does she needs to wait? And the process would be the same? Meaning, does she need to get another fingerprints or she could skip and wait for the interview?

J Charles Ferrari

J Charles Ferrari

Posted

The process would be identical. She needs to wait until either she has mastered basic English, or she meets the requirements to be exempt from the English test.

Asker

Posted

You mean, if she feels confident enough, she can apply N-400 anytime? I am wondering if there is any downtime for naturalization denial to re-applying.

J Charles Ferrari

J Charles Ferrari

Posted

No. I meant exactly what I said, and said exactly what I meant. If she does not know how to write and read basic English, it does not matter how confident she is. She will fail yet again.

Posted

N-400 again is the only option based on the facts you present.

Posted

Why are you appealing the denial? That is what the N-336 is. She should brush up on her English if she does not qualify for the waiver of English, and then apply for Naturalization again.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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