Naturalization Approved on Appeal (N-336) Despite Omission of Children on Diversity Visa Application (July 2023)

August 31, 2025

In July 2023, our client’s N-400 naturalization application was approved after our office filed an

N-336 Request for a Hearing on a Decision in Naturalization Proceedings. Our client is now a

U.S. citizen.


Our client, originally from Ghana, immigrated to the United States through the Diversity Visa

Program. After living in the U.S. for many years, they applied for naturalization. However, the

USCIS field office in Fairfax, VA denied their application, claiming the client had not been

lawfully admitted to the United States. USCIS based this decision on the client’s failure to

disclose their children on the original diversity visa application years earlier. In essence, USCIS

argued that the omission constituted a material misrepresentation, making the client ineligible for naturalization.


Following this denial, the client contacted our office for assistance. Attorney Nguyen D. Luu and

our legal team accepted representation and promptly filed Form N-336, Request for a Hearing on

a Decision in Naturalization Proceedings (under Section 336 of the INA). This type of hearing,

similar to a naturalization interview, gives applicants and their attorneys the opportunity to

challenge legal or factual errors made by USCIS.


Attorney Nguyen D. Luu worked closely with the client to develop persuasive legal arguments

and compile supporting documentation. We argued that USCIS’s claim that our client

intentionally misled the government was unfounded. The omission of the children’s names was

the result of a genuine misunderstanding of the diversity visa application questions, not an

attempt to obtain an unfair advantage. Importantly, the omission did not result in the client

receiving any immigration benefit they were not otherwise entitled to.

We further demonstrated that our client consistently acted in good faith, making every effort to

comply with immigration requirements. We also highlighted that even the U.S. Department of

State had acknowledged that the diversity visa instructions were unclear, often causing

confusion. On that basis, we argued it was unjust to penalize the client for an unintentional

misunderstanding.


After thoroughly reviewing the appeal and the full record, a senior USCIS officer overturned the

denial and approved the client’s application. We are pleased to have successfully secured a

favorable outcome for our client.


Related Success Stories on N-336 and USCIS Reversal of N-400 Denial:



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