N-336 timeline

[bettysf]

Hello,

I just had my N-336 interview and was wondering if anyone can tell me how long it takes to get a decision, or where I can find USCIS processing times for N-400 appeals. Does the 180 day rule apply to the decision, or just to the interview date? I'm in San Francisco.

Thanks for your help!

bettysf

 

[SHJ]

Hello,

I just had my N-336 interview and was wondering if anyone can tell me how long it takes to get a decision, or where I can find USCIS processing times for N-400 appeals. Does the 180 day rule apply to the decision, or just to the interview date? I'm in San Francisco.

Thanks for your help!

bettysf

This question/answer provides some guidelines on what to expect....

Q. When should I expect to receive a decision on an appeal?
A. Although some cases may take longer, the AAO attempts to resolve appeals within six months of receipt.


Check out this URL for other Ques/Answers on the subject..

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

[bettysf]

Thanks, SHJ - that's helpful.

 

[BigJoe5]

Hello,

I just had my N-336 interview and was wondering if anyone can tell me how long it takes to get a decision, or where I can find USCIS processing times for N-400 appeals. Does the 180 day rule apply to the decision, or just to the interview date? I'm in San Francisco.

Thanks for your help!

bettysf

The AAO has NOTHING to do with an N-336. They are irrelevant.

IF you had been found eligible, you would likely know. While it is possible that you have a complex issue that required further review and legal research prior to a favorable decision, it is more likely still denied. There is no prescribed time period BUT they like to get it over with ASAP.

IF it remains denied, you may file in U.S. District Court.

 

[SHJ]

a URL from a law firm website on the subject of Immigration appeals .... http://www.smossmanlaw.com/appealfaqs.html.

•An appeal of an unfavorable decision by an immigration officer usually must be filed with the same U.S. Citizenship and Immigration Services (USCIS) office that made the decision, which then sends the entire case to the Administrative Appeals Office (AAO, formerly known as the AAU) or the BIA. If the AAO or BIA's decision is still unfavorable, then it sometimes may be challenged in the local federal district court.

 

[baikal3]

Hello,

I just had my N-336 interview and was wondering if anyone can tell me how long it takes to get a decision, or where I can find USCIS processing times for N-400 appeals. Does the 180 day rule apply to the decision, or just to the interview date? I'm in San Francisco.

Thanks for your help!

bettysf

What was the reason given for the N-400 denial?

 

[bettysf]

That I'd failed to maintain permanent residence -- I was out of the country a lot during the last 2 years for work, including 2 trips of more than 6 months. At the appeal interview, though, the officer agreed that I'd maintained residence (my husband was here, I maintained bank accounts, apartment, etc) and asked me to submit detailed tax forms for the last 3 years to show that I'd declared my foreign income to the IRS. I've done that and am now waiting for a decision.

 

[baikal3]

That I'd failed to maintain permanent residence -- I was out of the country a lot during the last 2 years for work, including 2 trips of more than 6 months. At the appeal interview, though, the officer agreed that I'd maintained residence (my husband was here, I maintained bank accounts, apartment, etc) and asked me to submit detailed tax forms for the last 3 years to show that I'd declared my foreign income to the IRS. I've done that and am now waiting for a decision.

I see. It sounds like you mean "continuous residency" rather than "permanent residence". It is possible to lose/abandon the LPR status (permanent resident status) if you stay out of the U.S. too long, but in your case you were not away long enough for that to happen. Continuous residency is a separate naturalization requirement, and a trip abroad longer that 6 months but less than a year is presumed to break it unless you can prove otherwise.

 

[BigJoe5]

a URL from a law firm website on the subject of Immigration appeals .... http://www.smossmanlaw.com/appealfaqs.html.

•An appeal of an unfavorable decision by an immigration officer usually must be filed with the same U.S. Citizenship and Immigration Services (USCIS) office that made the decision, which then sends the entire case to the Administrative Appeals Office (AAO, formerly known as the AAU) or the BIA. If the AAO or BIA's decision is still unfavorable, then it sometimes may be challenged in the local federal district court.

Please read INA 336(a) and 310(c). See also 8 CFR 336.2 and 336.9. These proceedings are done locally and in person. A Judicial review is available after a denial is upheld by another USCIS Officer.

 

[BigJoe5]

I see. It sounds like you mean "continuous residency" rather than "permanent residence". It is possible to lose/abandon the LPR status (permanent resident status) if you stay out of the U.S. too long, but in your case you were not away long enough for that to happen. Continuous residency is a separate naturalization requirement, and a trip abroad longer that 6 months but less than a year is presumed to break it unless you can prove otherwise.

It looks like the Officer was "almost" convinced but needed some more evidence. Unless you have strange and lengthy tax records, it should not take very long.

 

[SHJ]

Please read INA 336(a) and 310(c). See also 8 CFR 336.2 and 336.9. These proceedings are done locally and in person. A Judicial review is available after a denial is upheld by another USCIS Officer.

Thanks, BigJoe5. These sections are very informative.

 

[bettysf]

yes, sorry, i did mean continuous residency. it's my own fault for not checking the rules more carefully. i knew you couldn't be out of the country for more than 12 months, but i didn't realize that trips longer than 6 months might cause problems.

 

[bettysf]

It looks like the Officer was "almost" convinced but needed some more evidence. Unless you have strange and lengthy tax records, it should not take very long.

i think that's right -- in fact he more or less said as much. good to hear you don't think it will take too long.

 

[bettysf]

Just a quick update for anyone else waiting for a decision on an N400 appeal. I heard back yesterday, Aug 31st, and my appeal was granted! All in all, the appeal took from July 1 (when I filed it) to Aug 29th (date of the decision letter). That includes another interview and sending in additional information as requested by the appeals officer. I'm pleased with how quickly it was dealt with -- and of course the fact that they decided to grant my application! Now the wait for the oath letter begins!