Success Story: Naturalization Approved After N-336 Hearing! (January 2022)

In January 2022, USCIS Field Office in San Jose, CA scheduled our client for his naturalization interview. Our client is now a U.S. Citizen.

Previously, USCIS denied our client’s N-400 application claiming that our client made false statements and misrepresentations to the U.S. Government regarding his biological children born abroad. USCIS then claimed that due to the failure to disclose the children, our client was not able to establish that he is a person of good moral character. Therefore he was not eligible for naturalization.

Attorney Nguyen D. Luu and our legal team took on representation to assist our client filing the  N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA.) An N-336 hearing is very similar to a regular naturalization hearing. The Applicant or his or her attorney is allowed to make their case regarding the issues that had led to the initial denial of form N-400.

Our firm prepared a substantive legal memo, supporting documents, and appeared at the hearing interview with our client. The evidence presented sufficiently supported a finding that our client did not make false representations to procure a benefit under U.S. immigration laws. Even if any false statements were made, they were not made during the statutory period (e.g., 5 years before the filing of form N-400.) Furthermore, our firm advanced the argument that our client’s conduct and acts outside the statutory period cannot bar a finding of good moral character because there has been reform of character and the earlier conduct and acts are not relevant to a determination of our client’s present moral character.

The reviewing USCIS Officer, who was required to be a higher rank officer by law, and also happened to be an attorney, conducted a thorough review of our arguments and evidence presented. The Officer ultimately approved our N-336 application.

We are very pleased that we were able to successfully achieve a favorable result for our clients.

Related story:

• Successfully Reversed Previous Denial of N-400 Naturalization Application (February 2022)
• Successfully Obtained Post Conviction Relief and U.S. Citizenship for Client with Aggravated Felony Convictions (August 2019)
• Successfully Reversed Previous Denial of N-400 Naturalization Application through Post Conviction Relief(August 2022)
• Another N-336 Success: Naturalization Approved After N-336 Hearing! (September 2022)