Bobsmyth, in my appeal letter I quote the many mistakes on the denial letter I was sent and further explain why I believe I meet all requirements for naturalization, including continuous residence, despite my absence of almost a year. It is a 4 page letter in which I explain each point quoting current regulations.
To bring you up to date, I requested Infopass as per your advice and once the customer service lady verified the A# on my letter was incorrect, she agreed to ref me to supervisor. Supervisor came out and was not helpful at all, she said all they would do is change the A# on my letter and mail it again. I explained that there are a whole host of mistakes, not just the A#. She opened my file, which she brought with her, there was a great big DENIED stamp on my application together with a couple of notations from the IO who interviewed me. Supervisor said "it doesn't matter what the denial letter says, the fact is you are denied" I explained my whole point is that the facts given on the letter as to the denial are incorrect so maybe the decision to deny is also incorrect.
She said...well, u were outside the US for over a year so that is that. I told her I have not been out for a year, I was out 362-363 days. She said, well, it is clearly stated in IO's notes that u admitted to having been outside the US for a year. I said that I don't know what the IO wrote but I most definitely did NOT admit something that is not true. She said she would ref to supervisor to take a look at it but insisted, all they would prob do is change A# and re-mail letter (AARGGGHH) I asked if she was not a supervisor, and she said she was the supervisor for the customer service people but not the supervisor for the IO that interviewed me. I asked to see IO's supervisor and she said I couldn't, I asked again and she said it was out of the question.
That is why I was asking if there is any law regarding how they count the days...are 363 days considered a year to them????
I had already prepared the N-336 Request for a Hearing on a Decision in Naturalization Proceedings, with a brief (the 4 page letter I mentioned at beginning of post) and all documentation to support my continuous residence.
On the letter of appeal I mention the utter incompetence of IO who interviewed me and the his lack of professionalism and that I will be filing a formal complaint with the Office of Internal Audit, CIS Ombudsman and my representatives in Congress.......would u advise that I keep those comments on the letter of delete them? I know in theory they cannot retaliate but...in practice?
Thanks!!
