N-336 Second Interview Time Line

D

dotsad

New Member
Went for N-400 naturalization interview around December 2004. Passed written and history tests and was told to wait.

Around July 2008 i was asked to come for an additional interview. ( almost 4 years later )

My application for N-400 was proclaimed ineligible on May 12 2009 for the following reason below and i was sent to a judge hearing for deportation:
316.2 Eligibility section.

I immediately submitted N-336 form and was scheduled for an interview on February 17 2010. Meanwhile my lawyer canceled deportation proceeding. I had interviews scheduled within 180 from the first N-336 request, but due to heavy medical situation couldn't attend ( two cancer operations ).

I haven't heard anything back regarding my second N-366 hearing in more than 1.5 years. My health is deteriorating in part to the uncertainty for my future. I cant go abroad ( to see very old parents ) as my lawyer suggested that i might not be allowed to return back to USA.

On top of it, my 10 year greencard expires in March 2012. Should i re-apply if i get no response regarding N-336 second hearing?

Does anyone has experience waiting for the second N-366 decision. How long it took? What was the outcome?

Thank you.
 
dotsad said:
Went for N-400 naturalization interview around December 2004. Passed written and history tests and was told to wait.

Around July 2008 i was asked to come for an additional interview. ( almost 4 years later )

My application for N-400 was proclaimed ineligible on May 12 2009 for the following reason below and i was sent to a judge hearing for deportation:
316.2 Eligibility section.

I immediately submitted N-336 form and was scheduled for an interview on February 17 2010. Meanwhile my lawyer canceled deportation proceeding. I had interviews scheduled within 180 from the first N-336 request, but due to heavy medical situation couldn't attend ( two cancer operations ).

I haven't heard anything back regarding my second N-366 hearing in more than 1.5 years. My health is deteriorating in part to the uncertainty for my future. I cant go abroad ( to see very old parents ) as my lawyer suggested that i might not be allowed to return back to USA.

On top of it, my 10 year greencard expires in March 2012. Should i re-apply if i get no response regarding N-336 second hearing?

Does anyone has experience waiting for the second N-366 decision. How long it took? What was the outcome?

Thank you.
Click to expand...

1.) Failing to show up for the N-336 hearing is enough to dismiss it. It depends on the evidence submitted to justify re-scheduling. Did you actually see the written request for postponement? Was it an open-ended request that indicated that a new interview would be requested when medically able? If yes, was there follow-up?

2.) Once you were issued an NTA, USCIS was not allowed under the law to even consider any request for naturalization. What was the actual basis for denial? Uou have cited a very broad and general section.

3.) Even if an IJ does not (did not) order you removed, that is not dispositive of naturalization eligibility.

You have not provided sufficient details for any more specific response.
 
dotsad said:
I immediately submitted N-336 form and was scheduled for an interview on February 17 2010. Meanwhile my lawyer canceled deportation proceeding. I had interviews scheduled within 180 from the first N-336 request, but due to heavy medical situation couldn't attend ( two cancer operations ).

I haven't heard anything back regarding my second N-366 hearing in more than 1.5 years.
Click to expand...

You need to inquire with USCIS about the status of your appeal. Have you done any type of inquiry since ?
 
Bobsmyth said:
You need to inquire with USCIS about the status of your appeal. Have you done any type of inquiry since ?
Click to expand...

I did. I wrote two letters to USCIS that has my case. But no replay.

Can i start 1447b petition based on that i takes them that long? Or 1447b only applies to the first N-336 hearing?
 
dotsad said:
I did. I wrote two letters to USCIS that has my case. But no replay.

Can i start 1447b petition based on that i takes them that long? Or 1447b only applies to the first N-336 hearing?
Click to expand...

Have you gone for Infopass? The 1447(b) is for original adjudication, not for appeal.
 
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