Q: In TX for 3yrs. Filed N-400 in TX 09/15/23 Moved to DC 10/08/23. Denied N-400 on 03/06/24. Filing N-336 - Do you agree?
Naturalization application (N-400) filed in Austin, TX on 09/15/23. Was living in Austin at time and had lived there for 3 yrs all of which on my N-400 application.
Received denial letter after interview on grounds that I didn’t meet section 316(a)(1) - suggested I didn’t live in the city where I had filed for 3 months preceding the application.
I moved to DC on 10/08/23, which was weeks after filing. I believe the decision is erroneous - they failed to focus on TX residency. Instead in the denial letter they focused on DC residency stating not eligible as I wasn’t a DC resident at time of filing N-400. I believe a mistake was made by immigration officer in interview. All other criteria met. Submitting an N-336 to appeal decision. Do you agree that I have grounds to appeal this decision? Basically believe immigration officer in DC got confused during interview causing erroneous decision. .
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A:
Based on the information you provided, I believe you have grounds to appeal the denial of your N-400 application by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.
The key points supporting your appeal are:
1. You met the continuous residence requirement under INA 316(a)(1) by residing in Texas for 3 years prior to filing your N-400 application on 09/15/23.
2. Your move to Washington, DC on 10/08/23 occurred after you filed your N-400 application and should not impact your eligibility, as the continuous residence requirement is determined based on the 3 months preceding the filing date.
3. The denial letter appears to have erroneously focused on your DC residency, which is not relevant to your eligibility since you were a resident of Texas at the time of filing.
When filing your N-336, make sure to clearly explain the timeline of events, emphasizing that you satisfied the continuous residence requirement in Texas prior to filing your application. Provide any supporting documentation, such as your Texas driver's license, utility bills, or lease agreements, to demonstrate your residency in Texas during the relevant period.
It seems that the immigration officer may have misunderstood the facts of your case during the interview, leading to the erroneous denial. The N-336 process will allow you to present your case before an immigration officer and clarify any misunderstandings that led to the denial.
In summary, based on the information provided, I agree that you have grounds to appeal the decision by filing Form N-336.
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