You served the United States. You submitted Form N-400 based on that service. Now USCIS has denied your application and concluded that your military record, discharge, conduct, or immigration history prevents you from becoming a citizen.

That decision does not necessarily end the case—but the deadline to challenge it is short.

A military naturalization denial may be based on:

  • A missing, incomplete, or disputed Form N-426;
  • A finding that the applicant did not serve honorably;
  • An uncharacterized or entry-level separation;
  • An other-than-honorable, bad-conduct, or dishonorable discharge;
  • Conflicting dates or characterizations in military records;
  • Insufficient service under INA § 328;
  • A dispute over qualifying service under INA § 329;
  • Article 15 or other nonjudicial punishment;
  • Administrative-separation proceedings;
  • A court-martial charge or conviction;
  • Civilian criminal history;
  • Alleged lack of good moral character;
  • A false statement or omission;
  • A false claim to U.S. citizenship;
  • Questions about lawful permanent resident status;
  • Prior removal or immigration violations; or
  • Failure to establish another naturalization requirement.

A Form N-336 hearing is not merely an appeal on paper. USCIS conducts a new review of the naturalization application. The applicant may submit additional evidence, challenge the legal and factual basis for denial, provide testimony, and ask a different USCIS officer to reverse the decision.

But de novo review also means USCIS can reexamine the entire naturalization record. A poorly prepared hearing request can reinforce the denial, expose new inconsistencies, or create immigration consequences beyond citizenship.

National Security Law Firm represents service members and veterans in complex military naturalization matters. Our immigration practice is led by Justin M. Price, a former Immigration Judge, former Department of Homeland Security trial attorney, former Air Force Judge Advocate and military prosecutor, and former public defender.

Justin has spent more than 25 years evaluating, prosecuting, defending, and adjudicating federal matters. He understands how the government builds an adverse immigration record, how military documents must be interpreted, how a federal decision-maker evaluates testimony and credibility, and how to rebuild a case after the government has already said no.

Do not let the N-336 deadline expire while trying to obtain records or persuade USCIS informally.

Schedule a consultation with National Security Law Firm and send us the denial decision, Form N-400, Form N-426, military records, and every document previously submitted to USCIS.

What Is Form N-336?

Form N-336 is the request for a USCIS hearing after denial of Form N-400, Application for Naturalization.

The hearing is authorized by INA § 336 and governed by 8 C.F.R. Part 336. It gives the applicant an opportunity to ask USCIS to review the naturalization application again before a different immigration officer.

A properly prepared N-336 case may:

  • Challenge USCIS’s interpretation of INA § 328 or § 329;
  • Correct a factual error in the denial;
  • Submit a corrected or newly certified Form N-426;
  • Present military records USCIS did not previously consider;
  • Explain an uncharacterized or adverse discharge;
  • Establish additional periods of honorable service;
  • Correct misunderstandings about NJP or court-martial records;
  • Submit certified criminal dispositions;
  • Rebut a good-moral-character finding;
  • Explain an alleged inconsistency or omission;
  • Present witness testimony;
  • Establish eligibility under a different military-naturalization theory; or
  • Preserve the case for potential federal-court review.

Form N-336 is sometimes informally called an “appeal,” but the process is technically a hearing before USCIS on the denied naturalization application.

The Form N-336 Deadline

A request for a hearing generally must be filed within 30 calendar days after service of the denial. When USCIS serves the decision by mail, the applicable regulations generally add three days to the filing period.

The deadline must be calculated from the actual denial and method of service. Do not assume that the date the applicant opened the letter controls, and do not rely on an informal request to USCIS to preserve the deadline.

USCIS generally schedules a timely requested review hearing within a reasonable period not exceeding 180 days after the request is filed.

An untimely Form N-336 may be rejected. USCIS may, in some circumstances, treat a late filing as a motion to reopen or reconsider if it independently satisfies the applicable requirements—but an applicant should never plan to rely on that possibility.

What If the Deadline Is Approaching?

The applicant does not necessarily need to possess every supporting military record before filing Form N-336. Preserving the hearing right may be the immediate priority.

Counsel can then determine:

  • What evidence must accompany the filing;
  • What records can be obtained before the hearing;
  • Whether a supplemental legal brief should be submitted;
  • Whether witnesses or declarations are needed;
  • Whether a military-record correction should be pursued; and
  • Whether requesting de novo review creates additional immigration risk.

Missing the deadline can also jeopardize the applicant’s ability to obtain later federal-court review of the naturalization denial.

What Happens at a Form N-336 Hearing?

The N-336 hearing is conducted by a USCIS officer other than the officer who conducted the original examination or rendered the denial. The reviewing officer must be at an equal or higher grade level.

The review is de novo. That means the reviewing officer does not merely decide whether the first officer made an obvious error. The officer conducts a new review of the naturalization application and may make independent findings of fact and law.

The officer may:

  • Place the applicant under oath;
  • Review Form N-400;
  • Question the applicant about eligibility;
  • Reexamine military service;
  • Review Form N-426;
  • Consider new military and immigration records;
  • Examine criminal or disciplinary history;
  • Revisit prior testimony;
  • Consider new evidence;
  • Receive witness testimony;
  • Retest the applicant when appropriate;
  • Affirm the denial; or
  • Reverse the denial and approve the application.

Because the review is de novo, the applicant should not assume that the hearing will be limited to the specific paragraph cited in the denial. USCIS may examine every applicable naturalization requirement.

Why a Military N-336 Hearing Is Different

A general naturalization denial may involve residence, taxes, English or civics testing, or criminal history. A military naturalization denial can require interpretation of an entirely separate body of military records and law.

The record may include:

  • Form N-426;
  • DD Forms 214;
  • NGB Forms 22;
  • Enlistment and reenlistment contracts;
  • Reserve-point statements;
  • Active-duty orders;
  • Service-personnel records;
  • Performance reports;
  • Article 15 records;
  • Administrative investigations;
  • Separation-board findings;
  • Court-martial records;
  • Discharge orders;
  • Discharge Review Board decisions; and
  • BCMR or BCNR records.

A USCIS officer may understand the requirements of INA § 328 or § 329 but still misunderstand what a military record establishes.

For example:

  • An Article 15 is not equivalent to a civilian criminal conviction;
  • An administrative allegation is not necessarily a final finding;
  • A general discharge under honorable conditions differs from an OTH discharge;
  • An uncharacterized separation is not automatically disqualifying;
  • A punitive discharge differs from an administrative discharge;
  • Several enlistments may have different characterizations;
  • Earlier honorable service may remain legally significant;
  • Reserve service can be documented differently from active-duty service; and
  • An incorrect Form N-426 may not accurately reflect the underlying service record.

An effective N-336 presentation must connect those military distinctions to the precise naturalization requirements USCIS is reconsidering.

Why Justin Price’s Experience Is Different

A military naturalization denial involves three questions at once:

  1. What does immigration law require?
  2. What do the military records actually establish?
  3. How will a federal adjudicator evaluate the revised evidence and testimony?

Justin Price has worked from every side of those questions.

He Has Served as the Immigration Decision-Maker

As an Immigration Judge, Justin decided cases involving statutory eligibility, credibility, criminal history, immigration violations, government records, and disputed testimony.

He understands what a decision-maker needs before reversing an adverse conclusion:

  • A clear legal standard;
  • Reliable and authenticated evidence;
  • A credible explanation for inconsistencies;
  • A complete record rather than selected favorable documents;
  • Direct responses to the grounds for denial; and
  • A reasoned explanation showing how the applicant satisfied the burden of proof.

An N-336 hearing is not won by arguing that the denial was unfair. The case must show that the applicant satisfies every applicable requirement for naturalization.

He Represented DHS for More Than 12 Years

Before becoming an Immigration Judge, Justin represented DHS in immigration proceedings.

He knows how government attorneys and adjudicators:

  • Compare prior applications and testimony;
  • Identify undisclosed conduct;
  • Analyze criminal and disciplinary records;
  • Challenge credibility;
  • Use inconsistencies among federal records;
  • Evaluate good moral character; and
  • Develop an adverse record for later proceedings.

That experience helps NSLF anticipate the questions USCIS may ask at the N-336 hearing and address weaknesses before the applicant testifies again.

He Served as an Air Force Judge Advocate and Military Prosecutor

As an Air Force Judge Advocate and military prosecutor, Justin advised commanders and worked within military justice and administrative systems.

He understands how to distinguish:

  • NJP from a court-martial conviction;
  • An allegation from a substantiated finding;
  • Administrative separation from punitive discharge;
  • Character of service from the narrative reason for separation;
  • A personnel record from a record of trial; and
  • One period of service from multiple enlistments.

Those distinctions may determine eligibility under INA § 328 or § 329.

He Understands the Defense Perspective

Justin has also served as a public defender. He understands that the government’s record may omit context, rely on incomplete files, or present allegations as settled facts.

A successful N-336 strategy may require obtaining records the government did not review, correcting factual assumptions, presenting testimony, and explaining the human and military context behind an adverse document.

Few attorneys can approach a military-naturalization denial as a former Immigration Judge, former DHS trial attorney, former Air Force Judge Advocate and military prosecutor, and defense attorney.

Form N-426 Denials

USCIS uses Form N-426, Request for Certification of Military or Naval Service, to verify military service for naturalization under INA §§ 328 and 329.

A denial may involve:

  • No Form N-426;
  • An incomplete form;
  • A form USCIS considers stale or invalid;
  • Certification by an allegedly unauthorized official;
  • Service dates that do not match other military records;
  • Failure to identify a separation from service;
  • A disputed honorable-service certification;
  • A command’s refusal to certify service;
  • A correction made after the N-400 was filed;
  • A later discharge that USCIS believes undermines the certification; or
  • A conflict between Form N-426 and the personnel file.

An N-336 case may require:

  • A corrected Form N-426;
  • Evidence of the certifier’s authority;
  • Complete service records;
  • A DD Form 214 or NGB Form 22;
  • Reserve documentation;
  • Communications with the command or personnel office;
  • Evidence explaining conflicting dates or status;
  • Testimony concerning efforts to obtain certification; and
  • Legal analysis showing how the record satisfies § 328 or § 329.

Simply resubmitting the same Form N-426 will not resolve a denial based on the meaning or reliability of the certification.

Learn more about Form N-426 military naturalization problems.

Denial Based on an Uncharacterized Discharge

USCIS previously treated some uncharacterized military separations as failing to satisfy the “separation under honorable conditions” requirement.

Current USCIS guidance recognizes that certain service members issued uncharacterized discharges before August 1, 2024, may meet the separation-under-honorable-conditions requirement for naturalization under INA §§ 328 and 329. The precise facts and effective guidance must be examined.

An N-336 challenge may address:

  • The date of discharge;
  • Whether the separation was entry-level;
  • The reason for separation;
  • Whether service was otherwise honorable;
  • The applicable version of USCIS policy;
  • Whether the denial relied on superseded guidance;
  • The Form N-426 certification;
  • Other periods of service; and
  • Whether USCIS correctly applied § 328 or § 329.

A new policy announcement does not automatically reopen or reverse every prior denial. The applicant must use the appropriate procedural vehicle and establish eligibility under the governing facts.

See our detailed page about military naturalization with an uncharacterized discharge.

Denial After an OTH, Bad-Conduct, or Dishonorable Discharge

An adverse discharge can create serious naturalization problems, but the analysis should not begin and end with the final box on a DD Form 214.

Counsel should examine:

  • The provision under which the applicant filed;
  • The qualifying period of service;
  • Whether the applicant separated from that period;
  • The precise discharge characterization;
  • Whether the discharge was administrative or punitive;
  • Whether the applicant had multiple enlistments;
  • Whether an earlier period ended honorably;
  • Whether the government has aggregated or separated service periods correctly;
  • Whether a discharge upgrade or correction is pending; and
  • Whether the denial improperly treated all service as having the same character.

For applicants filing under INA § 328, multiple periods of service and the character of each separation require careful analysis. INA § 329 presents related but distinct requirements.

An N-336 filing must address the statutory basis USCIS actually used rather than offer a general argument that the applicant served the country and deserves citizenship.

Read more about military naturalization after an OTH, bad-conduct, or dishonorable discharge.

Denials Involving NJP, Administrative Action, or Court-Martial

USCIS may deny military naturalization based on:

  • Article 15 or other nonjudicial punishment;
  • Letters of reprimand;
  • Administrative investigations;
  • Administrative-separation findings;
  • Pending military charges;
  • Summary, special, or general court-martial;
  • A court-martial conviction;
  • A punitive discharge;
  • Alleged lack of candor; or
  • Failure to disclose military discipline on Form N-400.

The first question is what actually occurred.

An Article 15 generally is not a civilian criminal conviction, but the underlying conduct may still affect good moral character. An administrative investigation may contain allegations that were never substantiated. A court-martial conviction requires analysis of the offense, disposition, sentence, timing, and potential immigration consequences.

The N-336 record may need:

  • Complete NJP documents;
  • Election and appeal records;
  • Charge sheets;
  • Findings and sentence;
  • Convening-authority documents;
  • The record of trial;
  • Administrative-investigation findings;
  • Separation-board records;
  • Proof of final disposition;
  • Evidence of rehabilitation;
  • An explanation of what was disclosed to USCIS; and
  • Legal analysis of whether the event creates a statutory bar.

The hearing also creates another occasion for sworn testimony. The applicant must be fully prepared to discuss the military incident consistently with the records.

Learn more about military naturalization after NJP, administrative action, or court-martial.

Denial for Lack of Good Moral Character

Military service does not eliminate the good-moral-character requirements applicable to naturalization.

USCIS may deny an application based on:

  • Civilian arrests or convictions;
  • Court-martial convictions;
  • Controlled-substance conduct;
  • False testimony;
  • Taxes;
  • Child-support obligations;
  • Domestic incidents;
  • Unlawful acts;
  • Failure to register for Selective Service;
  • False claims to U.S. citizenship; or
  • Conduct outside the ordinary statutory period that USCIS believes reflects present character.

An N-336 strategy should first determine whether USCIS relied on:

  • A permanent statutory bar;
  • A conditional statutory bar;
  • False testimony;
  • An unlawful-act finding;
  • A lack-of-candor determination; or
  • A broader assessment of character.

Character letters alone rarely resolve a legal finding that the applicant is subject to a statutory bar. Conversely, a denial based on an incorrect understanding of a military disposition may be vulnerable to challenge through complete records and legal analysis.

Review our guide to good moral character for military naturalization.

Denials Based on Criminal History

Military naturalization applicants with civilian criminal records face the same potential naturalization and enforcement consequences as other applicants.

The analysis may involve:

  • Arrests without charges;
  • Dismissed charges;
  • Diversion;
  • Expunged or sealed records;
  • State convictions;
  • Controlled-substance offenses;
  • Aggravated-felony allegations;
  • Probation;
  • Conduct during the statutory period;
  • Alleged failure to disclose an offense; and
  • Whether filing exposed the applicant to removability.

A criminal disposition should not be summarized based on memory or a background report. Counsel should obtain the charging document, plea or verdict, judgment, sentencing record, and evidence of completion.

A naturalization denial does not itself necessarily terminate lawful permanent resident status. However, the facts supporting the denial may lead USCIS to refer the matter for further enforcement.

Visit our page about military naturalization with a criminal history.

Denials Involving False Statements or Omissions

USCIS may conclude that the applicant:

  • Gave false testimony;
  • Failed to disclose military discipline;
  • Omitted an arrest or offense;
  • Misstated service dates;
  • Concealed a prior immigration problem;
  • Provided inconsistent addresses;
  • Misrepresented marital history; or
  • Made a false claim to U.S. citizenship.

These findings require separate legal analysis.

Not every incorrect answer constitutes false testimony or willful misrepresentation. Relevant questions include:

  • Was the statement made under oath?
  • Was it made to obtain an immigration benefit?
  • Was the answer intentionally false?
  • Was the question misunderstood?
  • Did an interpreter make an error?
  • Was the applicant relying on incorrect official records?
  • Was the fact material?
  • Did the applicant correct the answer?
  • What do the contemporaneous records show?

The N-336 hearing may provide an opportunity to explain an inconsistency, but it also creates a new sworn record. The explanation should be developed only after reviewing the prior applications, interview notes, military records, and other government documents.

Veteran and Overseas Service-Record Denials

Veterans may have difficulty obtaining records long after separation. Records may be incomplete, archived, inconsistent, or affected by corrections made after discharge.

Overseas service may create additional issues involving:

  • Where the applicant enlisted or reenlisted;
  • Active-duty versus reserve status;
  • Service during a designated period of hostilities;
  • Discharge documentation;
  • Missing personnel records;
  • Naturalization interviews conducted abroad;
  • Old immigration files;
  • Passport records;
  • Prior residence outside the United States; and
  • Whether USCIS applied INA § 328 or § 329 correctly.

A veteran’s inability to immediately locate a record does not alter the burden of proving eligibility. The N-336 strategy may require obtaining records from multiple agencies, presenting acceptable secondary evidence, and documenting unsuccessful efforts to obtain unavailable official records.

Learn more about military naturalization for veterans and wartime military naturalization under INA § 329.

Should You File Form N-336 or Submit a New N-400?

The correct decision depends on why USCIS denied the application.

Form N-336 may be appropriate when:

  • USCIS applied the wrong legal standard;
  • The denial misread the military record;
  • A corrected Form N-426 is available;
  • Important evidence was overlooked or unavailable;
  • The applicant can establish eligibility as of the relevant time;
  • A new policy affects the denial;
  • Testimony can clarify a disputed issue; or
  • The applicant may need to preserve federal judicial review.

A new N-400 may sometimes be more appropriate when:

  • The applicant was not eligible when the first application was filed;
  • A statutory period must pass;
  • A tax or support issue must be resolved;
  • The applicant needs time to complete a discharge upgrade;
  • The applicant must obtain a new period of qualifying residence or service; or
  • The original problem cannot be cured through review of that application.

Refiling is not automatically safer. A new N-400 does not erase the denial, prior testimony, or information USCIS already obtained. USCIS may compare the new filing with the old record.

The N-336 deadline should be preserved while this strategic decision is evaluated.

How NSLF Prepares a Military N-336 Case

1. Analyze the Denial and Deadline

We identify:

  • Each stated ground for denial;
  • The statute and regulation USCIS applied;
  • The date and method of service;
  • The N-336 deadline;
  • Whether the denial contains factual or legal errors; and
  • Whether it reveals broader immigration risk.

2. Reconstruct the Original Naturalization Case

We review:

  • Form N-400;
  • Form N-426;
  • Supporting exhibits;
  • Requests for Evidence;
  • RFE responses;
  • Interview notices;
  • Naturalization examination results;
  • The denial decision;
  • Prior immigration applications; and
  • Available USCIS records.

3. Reconstruct the Military Record

Depending on the denial, we may gather:

  • DD Forms 214;
  • NGB Forms 22;
  • Enlistment and reenlistment records;
  • Orders;
  • Reserve-point statements;
  • Personnel records;
  • NJP files;
  • Court-martial records;
  • Administrative-separation records;
  • Discharge documents; and
  • Record-correction decisions.

4. Identify the Strongest Legal Theory

We determine whether eligibility exists under:

  • INA § 328;
  • INA § 329;
  • Another naturalization provision; or
  • More than one potentially applicable provision.

The hearing presentation should lead with the strongest legally supported route rather than defend every argument equally.

5. Develop New Evidence and Testimony

The N-336 record may include:

  • Corrected military documents;
  • Newly obtained official records;
  • Legal briefs;
  • Applicant declarations;
  • Witness declarations;
  • Expert or military-context explanations;
  • Certified criminal dispositions;
  • Rehabilitation evidence; and
  • Testimony at the hearing.

6. Prepare the Applicant for De Novo Examination

We prepare the applicant to answer questions about:

  • Military service;
  • Discharge;
  • Discipline;
  • Criminal history;
  • Immigration history;
  • Prior testimony;
  • Form N-400;
  • Form N-426; and
  • Every issue identified in the denial.

Preparation does not mean scripting testimony. It means ensuring the applicant understands the questions, has reviewed the record, and can answer accurately without guessing.

7. Preserve the Record for Judicial Review

If USCIS affirms the denial, the applicant may seek de novo review in federal district court after exhausting the N-336 process.

The N-336 submission should therefore identify legal errors, preserve relevant arguments, and create a coherent evidentiary record.

What Happens After the N-336 Hearing?

USCIS may:

  • Reverse the denial and approve naturalization;
  • Continue the matter for additional evidence;
  • Conduct further examination;
  • Affirm the denial; or
  • Identify an additional eligibility or enforcement issue.

If USCIS approves the application, the applicant proceeds to the Oath of Allegiance when otherwise eligible.

If USCIS affirms the denial after the hearing, the applicant may be able to seek judicial review under INA § 310(c), 8 U.S.C. § 1421(c).

Federal-Court Review After an N-336 Denial

After USCIS conducts the N-336 hearing and issues a final adverse decision, the applicant may seek review in the United States District Court for the district where the applicant resides.

The district court reviews the naturalization application de novo. The court makes its own findings of fact and conclusions of law and may conduct a new hearing at the applicant’s request.

This is broader than the deferential review commonly associated with administrative agency cases. The district court independently decides whether the applicant qualifies for naturalization.

Federal litigation still requires careful evaluation. Counsel must consider:

  • Whether administrative remedies were properly exhausted;
  • Filing deadlines;
  • Venue;
  • The complete agency record;
  • New evidence;
  • Discovery;
  • Witness testimony;
  • Potential government counterarguments; and
  • Any risk that the litigation may expose separate immigration consequences.

The way the N-336 case is developed can materially affect later federal litigation.

What If the N-336 Is Filed Late?

USCIS may reject an untimely hearing request. In some circumstances, the agency may treat a late Form N-336 as a motion to reopen or reconsider if the submission satisfies the applicable requirements.

That is not equivalent to receiving a timely N-336 hearing, and it should not be treated as a reliable substitute.

A motion to reopen generally depends on new facts supported by evidence. A motion to reconsider generally argues that the decision was incorrect based on the law and record at the time.

An applicant with a potentially late filing should obtain immediate advice concerning:

  • Deadline calculation;
  • Method of service;
  • Evidence of timely submission;
  • USCIS receipt issues;
  • Motion requirements;
  • Refiling Form N-400; and
  • Potential effects on federal-court review.

Frequently Asked Questions

How long do I have to file Form N-336?

A request generally must be filed within 30 calendar days after service of the denial. When the decision is mailed, the applicable regulations generally add three days. The deadline should be calculated from the notice and service method.

Is Form N-336 a written appeal?

It is a request for a USCIS hearing on a denied naturalization application. The process includes de novo review and may involve a new examination, additional evidence, and testimony.

Will a different USCIS officer hear the case?

Yes. The review should be conducted by an officer other than the officer who performed the original examination or issued the denial, at an equal or higher grade level.

Can I submit new evidence?

Yes. The reviewing officer may receive new evidence and testimony. The evidence should address the denial and establish every applicable eligibility requirement.

Will USCIS review only the reason stated in the denial?

Not necessarily. Because review is de novo, USCIS may reexamine the complete naturalization application and identify additional issues.

Can I file N-336 if Form N-426 was rejected?

Yes, provided the N-400 was denied and the hearing request is timely. The strategy may include correcting the certification, challenging USCIS’s interpretation, or presenting other military records.

Does a naturalization denial cancel my green card?

Not automatically. However, if the denial suggests that permanent residence was unlawfully obtained or that the applicant is removable, USCIS may refer the case for enforcement.

Can I remain in the military after a naturalization denial?

The immigration denial does not itself decide military status. However, citizenship, immigration status, clearance eligibility, or enlistment requirements may affect the person’s service. Military and immigration advice may need to be coordinated.

Can a discharge upgrade help an N-336 case?

Potentially. It depends on the reason for denial, the timing, and the legal effect of the corrected record. Filing for an upgrade does not extend the N-336 deadline.

Learn more about discharge upgrades for immigration and citizenship purposes.

Do I have to take the English and civics tests again?

USCIS may retest an applicant when the denial involved an examination requirement or when otherwise authorized. The hearing strategy depends on the original examination record.

Can I skip N-336 and go directly to federal court?

Generally, the applicant must first exhaust the N-336 hearing process before seeking judicial review of a denied naturalization application under 8 U.S.C. § 1421(c).

Should I simply file another N-400?

Not until the denial has been analyzed. A new application does not erase the prior record and may repeat the same problem or expose additional risks.

Why Choose National Security Law Firm?

A military naturalization denial sits at the intersection of immigration adjudication, military records, federal law, and sometimes criminal or enforcement risk.

National Security Law Firm brings those systems together.

Justin Price has served as:

  • An Immigration Judge deciding federal immigration cases;
  • A DHS trial attorney representing the government for more than 12 years;
  • An Air Force Judge Advocate and military prosecutor working with military law and records; and
  • A public defender representing individuals facing government allegations.

NSLF can:

  • Calculate and preserve the Form N-336 deadline;
  • Identify legal and factual errors in the denial;
  • Reconstruct the immigration and military records;
  • Correct or supplement Form N-426 evidence;
  • Analyze discharge characterization;
  • Address NJP, court-martial, and criminal records;
  • Prepare the applicant for de novo examination;
  • Present legal briefing, evidence, and testimony;
  • Evaluate enforcement risks; and
  • Preserve the case for potential federal-court review.

We do not treat Form N-336 as a cover sheet attached to an argument that USCIS was wrong. We rebuild the case around the statute, complete military record, evidentiary burden, and questions the next decision-maker will ask.

Explore our principal page on U.S. citizenship through military service and our complete military immigration law services.

USCIS Said No. That Does Not Mean the Record Was Complete—or the Decision Was Correct.

A denial may result from an incorrect Form N-426, missing personnel records, misunderstood military discipline, a legally significant policy change, or an incomplete explanation of the applicant’s service.

Form N-336 provides an opportunity for a new officer to examine the case again. That opportunity has a deadline, and the new review can reach the entire naturalization application.

NSLF can determine:

  • Why USCIS denied the application;
  • Whether the denial misapplied INA § 328 or § 329;
  • Whether military records were missing or misunderstood;
  • Whether a corrected certification can resolve the issue;
  • Whether testimony or additional evidence is needed;
  • Whether the hearing creates enforcement risk;
  • Whether N-336 or a new N-400 is the better strategy; and
  • How to preserve federal-court review if USCIS affirms the denial.

Send us the complete denial immediately. Do not wait until you have every military record to protect the N-336 deadline.

Schedule a consultation with National Security Law Firm.

You served the United States. When the government refuses to recognize the citizenship you earned through that service, It’s Our Turn to Fight for You.

Attorney and Editorial Information

Attorney author: Justin M. Price, Former Immigration Judge, Former DHS Trial Attorney, Former Air Force Judge Advocate and Military Prosecutor
Last legally reviewed: August 24, 2026

Statutory and Regulatory Authority

  • INA § 310(c), 8 U.S.C. § 1421(c)
  • INA § 328, 8 U.S.C. § 1439
  • INA § 329, 8 U.S.C. § 1440
  • INA § 336, 8 U.S.C. § 1447
  • 8 C.F.R. §§ 336.1, 336.2, and 336.9
  • 8 C.F.R. Parts 328 and 329

Authoritative Sources