Citizenship Denial and Appeal
- Thread starter sony55
- Start date
christian775
Registered Users (C)
Hi,
1)Examiner can only recommend you for approval final decision is done by supervisor and in your case Director
2)Lets say you file an appeal in regular court , is that case gona go straight to the Supreme Court ? . All is due process
Good luck
1)Examiner can only recommend you for approval final decision is done by supervisor and in your case Director
2)Lets say you file an appeal in regular court , is that case gona go straight to the Supreme Court ? . All is due process
Good luck
christian775 said:
I am convinced that the situation as you described, however, a friend of mine had that happened to him :
//just came from the INS office for my hearing on Denial. I finally got approved and will be scheduled for next oath.
I went with my brilliant attorney (this is not for publicity or marketing but she is really good(costs money though)), who wrote an outstanding brief supported with lots of recommendation letters outbalancing the negative factor I had and it worked! she ferociousely and bravely defended me before the officer//
and i chatted with him after that , he told me that he got approved on the spot. about 2 weeks after the appeal session, then he got the oath.
If you need to read more about his Interesting story, here is the link:
http://www.immigrationportal.com/showthread.php?t=169303&page=1&pp=15
Please, tell me what do you think!
Thank you ,
SoNy
Denail
We had filed two N-400 for my parents last year, my dad's was approved and my mum's is still not. We had requested a medical wavier for my mum, her interview was on July 7th 2005. The officer at the time had said he was happy with everything but needed a second opinion from the doctor about the medical wavier. The officer had also set up an appointment for my mum to come back on October 7th 2005 to take the test or get a second opinion from a doctor and said if we could not make it to the appointment to send a form he had given with the reason as to why.
My wife sent the form back along with the second doctors opinion. We didn't hear anything back from them, so we got an info pass appointment and at this time, my mum saw a different officer and he could not locate her file. We were asked to return again in two weeks.
The next time they met with the supervisor and he looked over everything and said the codes (wording of the medical wavier) need to be changed and to just get the letter changed to say these codes, and come back just to him when that's done. He also mentioned we didn't need a second opinion and that the first officer should have just had us go back to the original doctor and just change the wording instead going to a new doctor.
Anyway, we went back to the doctor that had written the second opinion and could the wording changed as requested. Then we set up an info pass appointment to visit the supervisor but that day he was not there. We left the paperwork with an another supervisor on duty that day as she said that its better to wait for that supervisor and she will give him the papers.
We had set up another appointment for the 21st of this month to see him. Yesterday to our surprise we got a letter from USCIS that my mum's case was denied because she didn't show up for the scheduled test on 7th October. I am not sure why they sent that and if we can still go to the info pass appointment. I know my mum had gone a few times after the 7th of October. They sent a letter saying we have 30 days to appeal. What do you think we should do at this point? I would really appreciate every help anyone can give.
Regards
HRH
We had filed two N-400 for my parents last year, my dad's was approved and my mum's is still not. We had requested a medical wavier for my mum, her interview was on July 7th 2005. The officer at the time had said he was happy with everything but needed a second opinion from the doctor about the medical wavier. The officer had also set up an appointment for my mum to come back on October 7th 2005 to take the test or get a second opinion from a doctor and said if we could not make it to the appointment to send a form he had given with the reason as to why.
My wife sent the form back along with the second doctors opinion. We didn't hear anything back from them, so we got an info pass appointment and at this time, my mum saw a different officer and he could not locate her file. We were asked to return again in two weeks.
The next time they met with the supervisor and he looked over everything and said the codes (wording of the medical wavier) need to be changed and to just get the letter changed to say these codes, and come back just to him when that's done. He also mentioned we didn't need a second opinion and that the first officer should have just had us go back to the original doctor and just change the wording instead going to a new doctor.
Anyway, we went back to the doctor that had written the second opinion and could the wording changed as requested. Then we set up an info pass appointment to visit the supervisor but that day he was not there. We left the paperwork with an another supervisor on duty that day as she said that its better to wait for that supervisor and she will give him the papers.
We had set up another appointment for the 21st of this month to see him. Yesterday to our surprise we got a letter from USCIS that my mum's case was denied because she didn't show up for the scheduled test on 7th October. I am not sure why they sent that and if we can still go to the info pass appointment. I know my mum had gone a few times after the 7th of October. They sent a letter saying we have 30 days to appeal. What do you think we should do at this point? I would really appreciate every help anyone can give.
Regards
HRH
I am sorry to hear that HrH!!hrh said:
First, i would suggest that you keep the Info pass appointment as you can go and exclaim about the situation and explain what happened.
Second, i don't understand, if you sent a second opinion, why your mother still didn't go to the interview on Oct 7th? She should have gone there on time, and explained everything or showed the papers!
Anyway, I think you should appeal. Consult a lawyer, and he/she would be able to give you a more detailed and more realistic of how good/bad the situation is.
Good luck and keep us posted.
sOnY
Last edited by a moderator:
Thanks Sony for your reply, the reason we didn't keep the appointment was because the officer had given my mum a letter with the appointment date and had said if we couldn't make it to this appointment then to write back on this form briefly stating why.This appointment was 3 months after the origenal appointment.
We sent back that form along with the second opinion, then a month later set up an Info Pass appointment. This appointment was still before October 7th, but when we went there my mum had to see a different officer and he said that couldn't find her file and that we should come back on another date. He was too busy to go and find it and that someone had just not put it back in the right place.
Anyway, the date he refered to was after October 7th, so my mum went on that date. I think thats were we made the mistake, Allah knows it was not intentional but happened. We thought since he had given us a date which was a few days after 7th the other appointment would have canceled.
Anyway, when we went to that appointment, neither of the two previous officers where there. We had to see a supervisor on duty that day. This gentlemen went over everything but didn't mention anything about us missing appointment or anything. Of course the only thing he said was the codes (USCIS medicle codes) that they use were not right. The code the doctor had used ment it was "PROBABLE" and he wanted to see a different code. Anyway he was really nice and told us to get it changed and come back on two weeks later and see him only. he also mentioned that we didn't need a second opinion that the officer should have just told us to have the same doctor just change the wording on the orignal wavier form. Oh well too late now.
We did as he had said, and went back on the date that he had put on the paper, but of course he was not there that day. The other supervisor on duty that said that we should came back to see him only as the paper says to see him only. The supervisor took the forms and said she will give them to the other supervisor. So we left it at that and come back.
I then set up an appointment for Info Pass to see if they had made there determination yet, this was for 21st of this month. But, as i mentioned we got certified mail from USCIS yesterday stating that they had denied the case because my mum had missed the appointment.
I am really confused as to how they came to this conclusion. My mum went there a couple of times after 7th October and nothing was mentioned. We sent a form stating we can't make this appointment and please accept this waiver form. This was way before any of these other appointments. They also sent a form, i believe N336 and said if we disagree with this outcome to return it along with $265 check within 30 days of this notice.
I guess am wondering if the case is already denied, can i still keep the info pass appointment and try to sort things out, or i have no choice but to appeal. Thanks again for your help, and i have read your posts and your situation on this forum also, Inshallah you will get your approval notice soon.
Regards
HRH
We sent back that form along with the second opinion, then a month later set up an Info Pass appointment. This appointment was still before October 7th, but when we went there my mum had to see a different officer and he said that couldn't find her file and that we should come back on another date. He was too busy to go and find it and that someone had just not put it back in the right place.
Anyway, the date he refered to was after October 7th, so my mum went on that date. I think thats were we made the mistake, Allah knows it was not intentional but happened. We thought since he had given us a date which was a few days after 7th the other appointment would have canceled.
Anyway, when we went to that appointment, neither of the two previous officers where there. We had to see a supervisor on duty that day. This gentlemen went over everything but didn't mention anything about us missing appointment or anything. Of course the only thing he said was the codes (USCIS medicle codes) that they use were not right. The code the doctor had used ment it was "PROBABLE" and he wanted to see a different code. Anyway he was really nice and told us to get it changed and come back on two weeks later and see him only. he also mentioned that we didn't need a second opinion that the officer should have just told us to have the same doctor just change the wording on the orignal wavier form. Oh well too late now.
We did as he had said, and went back on the date that he had put on the paper, but of course he was not there that day. The other supervisor on duty that said that we should came back to see him only as the paper says to see him only. The supervisor took the forms and said she will give them to the other supervisor. So we left it at that and come back.
I then set up an appointment for Info Pass to see if they had made there determination yet, this was for 21st of this month. But, as i mentioned we got certified mail from USCIS yesterday stating that they had denied the case because my mum had missed the appointment.
I am really confused as to how they came to this conclusion. My mum went there a couple of times after 7th October and nothing was mentioned. We sent a form stating we can't make this appointment and please accept this waiver form. This was way before any of these other appointments. They also sent a form, i believe N336 and said if we disagree with this outcome to return it along with $265 check within 30 days of this notice.
I guess am wondering if the case is already denied, can i still keep the info pass appointment and try to sort things out, or i have no choice but to appeal. Thanks again for your help, and i have read your posts and your situation on this forum also, Inshallah you will get your approval notice soon.
Regards
HRH
Interesting appeals records
http://uscis.gov/lpbin/lpext.dll/inserts/int/int-1?f=templates&fn=document-frame.htm&2.0
SoNy
check out these appeal cases, i know none of them regarding citizenship thoughhrh said:
http://uscis.gov/lpbin/lpext.dll/inserts/int/int-1?f=templates&fn=document-frame.htm&2.0
SoNy