N-336 procedure

A

acrm

New Member
Need some more information and advice please.
I know one has to file N-336 within 30 days of denial notice for N-400.

What other rules apply, I have the following questions;

1. Do I have to fulfill the 912.5 days of physical presence in US on the day I am filing N-336, counting backward for 5 years OR

2. Having fulfilled all the requirements when I filled N-400 is sufficient.

3. How long does it normally take to process N-336. Is there another interview and then decision.

4. Do I have to be physically present in US when N-336 is being processed or I can travel in and out.

Please help.

Thanks
 
acrm said:
Need some more information and advice please.
I know one has to file N-336 within 30 days of denial notice for N-400.

What other rules apply, I have the following questions;

1. Do I have to fulfill the 912.5 days of physical presence in US on the day I am filing N-336, counting backward for 5 years OR

2. Having fulfilled all the requirements when I filled N-400 is sufficient.
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The physical presence requirement is only evaluated based on the 5 years counting backward from the N-400 filing date. Time spent in the US after filing doesn't add to the days counted, and time spent outside the US after filing doesn't subtract from your total. The same applies if you file N-336; they count the physical presence days based on the N-400 filing date, not the interview date or N-336 date.

For other criteria such as continuous residence and good moral character, they evaluate it as of the filing date and you must continue to satisfy those requirements again until the oath date. So committing a crime or taking a long trip after N-400 filing can result in denial, even if you had no trips or arrests before the N-400 filing date.

4. Do I have to be physically present in US when N-336 is being processed or I can travel in and out.
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You can be outside the US when it is being processed, as long as you show up for the hearing date. But too much time outside the US during the process can result in denial for breaking continuous residence.
 
Last edited by a moderator:
girimurthy said:
I am not sure about the physical presence. I have read in this forum that the physical presence is counted till you finish you oath. I remember one person who was denied to take the oath because he left the country after the interview and before the oath and has crossed the limit of number of days that needs to be spent in US.

http://www.miamiherald.com/2012/07/03/2880399/humiliated-at-citizenship-ceremony.html
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That was a wrongful decision by the officer who didn't understand the rules. Courts have held that physical presence is counted only as of the N-400 filing date, and he would win the appeal easily if he appealed.

I'll try to find the court rulings later.
 
I have not done this yet but I have heard that even before Oath you need to fill a small application where in you give all the changes after the interview and before the oath. And one of that is if you have traveled outside US. If that does not matter as you say, if it is as of N400 filing date then why even ask that question before the oath?
 
girimurthy said:
I have not done this yet but I have heard that even before Oath you need to fill a small application where in you give all the changes after the interview and before the oath. And one of that is if you have traveled outside US. If that does not matter as you say, if it is as of N400 filing date then why even ask that question before the oath?
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Jackolantern is absolutely correct that the physical presence requirement only needs to be satisfied at the moment of filing N-400.
The law is perfectly clear on this point. See the explanation in the USCIS Policy Manual:
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html
"Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization."

The oath appointment letter does ask to list all the trips abroad taken after the naturalization interview.
The reason is that, unlike the physical presence requirement, the continuous residency requirement must by satisfied all the way up to the moment of taking the naturalization oath.
See
http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html
 
Please help me here.

I left for a business trip right after the citizenship interview & missed the oath ceremony couple of times. Then when I asked for a new date for the oath ceremony received a denial letter from USCIS and requesting me for form 336 to appeal

Currently I'm still out of Country in India on a business trip 2 years assignment.

What are my options here, any suggestions how to take this forward so that I can
get my Citizenship without any hassle.
 
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