denied file,what to do now?

Could it possibly be USCIS has your address wrong on file?

I suggest your next letter be sent to USCIS service center via USPS Priority Mail, FedEx, UPS so you will have tracking information. Then maybe follow up with InfoPass appointment after an appropriate period of time.

Also, I've read somewhere that a case closed in this manner may be reopened if the applicant submits a request in writing within 1 year of the close date. Good luck!
 
mmichele said:
i've mailed them and they replied with my letter along, saying that our case has been denied. thats the only answer we got from them. My address was right i called numerous times to confirmed it.
Has anyone tried to file an appeal without an attorney before? Was the process hard...after you file an appeal what's next? Do they set up appointments with you to ask questions on why you want to file an appeal and bla bla bla...i'm trying to appeal it myself...i wonder hows that going to be.
Click to expand...

If the denial is without prejudice, you can always reapply (if you dont mind paying 400$ again). I think there is a time slot when you can file an appeal (typically that information is included with the denial letter) -- you still need to pay some $ amount to file the appeal. Given the current short processing time line, it may not be worthwhile filing an appeal though -- refiling the application may be a simpler option.
 
If I were you I would schedule an Infopass. Getting somewhere over the phone is a waste of time since their responses are always "limited" because it is over the phone.
Writing them, you wasted precious time because you send them the letter, it might sit on someones desk for a bit, then he/she copy and paste a letter that has been pre-written and then sends it back, that is how I see it.

Go schedule an Infopass and talk to someone face to face and get all the Info you can get !

Ladybuggy :D
 
I agree with the above poster. The quickest and easiest way to get all the information you might need (even better than posting over here) is to get an infopass appointment and go to the DO and talk to the officer in person. While you are there, ask them if it is possible to reapply rather than appeal as the appeals process is more complicated. Also ask them if they can tell you on what grounds the application got denied. You might want to take your mother along with you. Good luck.
 
I agree.Get infopass .Plus get name of intervewing office and talk to them direclty.

N-400 timeline
DO : Washington DC
9/19/2006 : mailed to VSC
9/21/2006 : N-400 Received Date (9/27/2006 : Check cashed
9/29/2006 : N-400 Notice Date
10/01/2006 : FP Notice Date
10/10/2006 : FP Appointment
??/??/???? : Interview Appointment
??/??/???? : Oath
 
mmichele said:
Hi there,
My name is Quynh Mai and i was hoping you could take a few minutes in reading my email. I am in very bad situation and i really have no idea how to handle it, i hope you can help me.
My mom filed for US citizenship a while back, on October 3 we received a denial letter stating that she didn't show up for her second interview but the problem is we NEVER received a notice for that interview at all.
I've sent them 3 letters explaining the situation but up until now no answer was received. We only have a few days left before our appeal period is up. What do you advice me to do? Do you think it's better for me to re-file or file an appeal? Some says i should re-file because the fee and the amount of times it takes will just be the same.
Could someone please help me, I really appreciate it thank you.

Quynh Mai

my email is mquynhvy@yahoo.com
Click to expand...

Here is my recommendations:

1- Get an INFOPASS, bring with you the letter you recived from USCIS. Ask to speak with a supervisor (not an information Officer) and request from him/her to give you copies of the letters they claim they sent you. Check the address of where these letters where sent. Have you moved since you filed your N-400?
2-Send a letter via certified mail to the address on the letter explaining that you have not recived their notices and ask them to give you a new date.
3-Doing only one of the two suggested here are NOT recommended as the first give you the chance to address the issue right away, but the daw back to that is feild offices are known for not providing any documentations as a relif for your problem. My experience with USCIS is that it is vital that you document every thing and every letter you send them. This is why you must do the second suggestion.
4-Do not make a mistake by filing a new N-400 as this will delay your application (starting from scrach). You should leave that option only when you fail to have USCIS to change their mind about the deniel. Dont give up, USCIS make this mistake quiet frequently and they seem very receptive to correct the issue and work with the applicant.

I hope this helps, Good luck
 
Last edited by a moderator:
I have seen many other posters asking you to take an infopass. In my opinion, this is a waste of time. In your case, it is clear that USCIS has a legitimate reason for denying your case, since your mother did not show up for the interview. It is irrelevant to USCIS that you never received the interview notice, since you cannot prove it -- otherwise, every one who ever misses an interview can use the same excuse. You can always try your luck -- that is why there is a written appeal process. Again, in my opinion this appeal process is a waste of money and time, given that you cannot PROVE that you never received the interview letter (and apparently you received all other communication from USCIS up to that point). If you wish, by all means go for an INFOPASS appointment -- but, I feel that it is very unlikely that you achieve anything by doing this (just like the letters that you wrote to USCIS without using their appeal process).

Good Luck.
 
I think it is a even bigger waste of money and time if he/she goes right away and sues. Yes he/she might lose a little time if he/she goes for an Infopass but it is worth a try.
Obviously like in my case USCIS does send Applications and probably other things to other people. My N-400 ended up in Indiana and if that stranger wouldn't of called me and told me about it I would still sit here and waiting for the check to clear.
I know the phrase "I didn't get a letter" is a very comon excuse .. I am sure but what would it hurt to go to an Infopass, spend probably less money then go right ahead to sue and then go see what he/she can do for his/her mother.

I still recommend the Infopass and then go straight from there to whereever you have to go.

Ladybuggy :o
 
Ladybuggy said:
I think it is a even bigger waste of money and time if he/she goes right away and sues. Yes he/she might lose a little time if he/she goes for an Infopass but it is worth a try.
Obviously like in my case USCIS does send Applications and probably other things to other people. My N-400 ended up in Indiana and if that stranger wouldn't of called me and told me about it I would still sit here and waiting for the check to clear.
I know the phrase "I didn't get a letter" is a very comon excuse .. I am sure but what would it hurt to go to an Infopass, spend probably less money then go right ahead to sue and then go see what he/she can do for his/her mother.

I still recommend the Infopass and then go straight from there to whereever you have to go.

Ladybuggy :o
Click to expand...


I dont think he/she needs to sue. He just needs to pay the 400$ fees and reapply and hope that lightning doesn't strike twice :rolleyes: Given that USCIS had the right address till the interview stage, how will he/she convince them that they sent it to the wrong place? In your case, you had proof of the mistake they committed thanks to the nice people who forwarded your application back to you.

The only possible solution is if he/she had a change of address, filed an AR11, phoned in the change of address and USCIS still ignored them and sent it to the old address -- in this case, I think there is some possibility of success with an appeal or infopass. Just my 2 cents.
 
You must log in or register to reply here.
Top