Help: N-400 Denied due to Abandonment

[zip159]

My Situation:

December 29, 2008: USCIS received my N-400 Application.

January 2, 2009: USCIS mailed confirmation notice for my application.

January 23, 2009: USCIS mailed notice saying I should bring my state ID card with me when I go for interview.

After January but before August: I checked my status online and called the 800 number to get status updates. Everything told me my application was pending and there was no additional information.

August 13, 2009: I get an update to my application stating that on January 8, 2009 I was mailed a notice for additional evidence and they are still waiting on it. I never got this notice and was unaware that fingerprinting occurred while my application was still pending.

August 14, 2009: I call the 800 number to get more information on the required evidence. They opened a ticket for me to get more information.

Week later (don't know exact date since notice isn't with me right now): I received a letter with a copy of the January 8, 2009 notice and a letter explaining why it was sent (because I called in about it). The letter also stated that I need to mail in the notice to get the appointment rescheduled. I sent off the notice the next day.

August 31, 2009: I received a notice in the mail saying that my case was denied because it was abandoned by me since I did not show up at my fingerprinting appointment. The notice said that I cannot file an appeal but I can file to reopen the case if I can prove that a) I did in fact show up b) the notice was sent to the wrong address than what I have on file and I didn't get it (how can I prove it was sent to the wrong place?) c) I requested a change of address in writing. I called the 800 number to get more information and for some reason the status on there hadn't changed yet and the person I spoke to couldn't provide any more information.

In summary, I didn't get the notice for my fingerprint appointment and didn't realize fingerprinting usually occurred within 60 days of filing the application. I called and checked my status online several times but was told that there was no information on my application so I assumed everything was fine. I finally get an update saying more evidence is required and I immediately submit to reschedule my fingerprint appointment. I then get a notice saying that my case was denied because I didn't show up for fingerprinting.

Anyone been in a similar situation? What should I do now? I can sent in the request to reopen with my explanation of what happened but I feel like it won't matter to them and they will just deny it.

Thanks

 

[Bobsmyth]

Did you previously move and USCIS had your incorrect mailing address?
Send USCIS a request to reopen case and state that you never received FP letter.

 

[WBH]

I think you should just reapply. Re-application is faster than re-opening the case. The only disadvantage is you have to send in another $675. But
re-opening the case may need processing fee too.

 

[WBH]

Did you previously move and USCIS had your incorrect mailing address?
Send USCIS a request to reopen case and state that you never received FP letter.

I don't see any big advnatage of re-opening the case. It is better and the timeline is more predicable if the OP just reapply.

 

[zip159]

Thanks for the reply Bobsmyth.

No, I haven't moved since I applied and I did receive the notice that was mailed before and after the date they say they mailed the fingerprinting appointment notice. I don't know if it's a mistake on my part or their part but I never saw the fingerprinting notice. It won't hurt me to submit a request to reopen so I am going to do that but I just wanted to get a feel for what will happen. I feel like I should provide as much information as possible on my request to reopen (basically a trimmed down version of the OP).

 

[WBH]

I feel like I should provide as much information as possible on my request to reopen (basically a trimmed down version of the OP).

Why not just reapply? You can get FP notice in 2 weeks if you reapply.
You don't know how long it will take USCIS to re-open your case

 

[DHARMA16]

If you do decide to reapply, it also makes sense to register yourself for email updates at the CIS website linking your application number. That way whenever CIS updates your case for notice sent out or an RFE, you will get an email - then you can just lookout for snail mail. Normally thier post mail arrives within a week of the email notification. If you do not get anything, followup with them. You can avoid such a situation.

 

[zip159]

Why not just reapply? You can get FP notice in 2 weeks if you reapply.
You don't know how long it will take USCIS to re-open your case

I could reapply but if I had to pick between waiting a few months and spending another $675 I would rather wait. The sooner it happens the better it is but I'm not in any sort of rush. Also, I may get my fingerprinting notice quickly but I'll still have to wait a few months for the new application to get processed.

 

[ga0509]

If you do decide to reapply, it also makes sense to register yourself for email updates at the CIS website linking your application number. That way whenever CIS updates your case for notice sent out or an RFE, you will get an email - then you can just lookout for snail mail. Normally thier post mail arrives within a week of the email notification. If you do not get anything, followup with them. You can avoid such a situation.

We all know the USCIS email updates are not worth a grain of sand. Some people do not get updates @ all from start to finish!

 

[WBH]

I could reapply but if I had to pick between waiting a few months and spending another $675 I would rather wait. The sooner it happens the better it is but I'm not in any sort of rush. Also, I may get my fingerprinting notice quickly but I'll still have to wait a few months for the new application to get processed.

The another post indicate re-opening the case may need $600 fee too.
and since you did not do your FP for your first application, I doubt you
can get your re-opened case processed faster than repplied case.

 

[zip159]

If you do decide to reapply, it also makes sense to register yourself for email updates at the CIS website linking your application number. That way whenever CIS updates your case for notice sent out or an RFE, you will get an email - then you can just lookout for snail mail. Normally thier post mail arrives within a week of the email notification. If you do not get anything, followup with them. You can avoid such a situation.

I am signed up for email notices but I don't think they send an email when they sent the fingerprint appointment notice in the mail. I checked that status online a few times and there was nothing written on there other than my status was pending. When I spoke with the person on the 800 number today about it they said that they don't get any information from the local branches when they send out the fingerprinting notices so the even never shows up on the case status. This seems really inefficient but it is how it is I guess.

 

[DHARMA16]

We all know the USCIS email updates are not worth a grain of sand. Some people do not get updates @ all from start to finish!

I am not sure about that. I and all I know have been getting them so far. Moreover, are there any better ideas how to keep on top of the case short of logging everyday and checking the status? It takes 5 minutes to register and provides a good second line of defense.

 

[WBH]

We all know the USCIS email updates are not worth a grain of sand. Some people do not get updates @ all from start to finish!

USCIS email is equivalent to online status if mesured by how much
information is provided.

 

[Al Southner]

We all know the USCIS email updates are not worth a grain of sand. Some people do not get updates @ all from start to finish!

I agree, never ever receive an email from USCIS even with a profile on their stinking site. So, you need to find out if this isn't the case of a dog ate my homework....

Also, if you travel and put a request to hold all mail, USCIS mail is usually returned back to the USCIS and isn't held. However, I don't see anything in your post which suggest this, but FP for most USCIS petitions.

Did you guys know that FP done by FBI at the request of USCIS was never authorized by US Congress? In addition, questions were asked by Congress why people need to resubmit for FP every time there is a benefit in the Immigration system, but no one has an answer to this issue.

 

[DHARMA16]

I am signed up for email notices but I don't think they send an email when they sent the fingerprint appointment notice in the mail. I checked that status online a few times and there was nothing written on there other than my status was pending. When I spoke with the person on the 800 number today about it they said that they don't get any information from the local branches when they send out the fingerprinting notices so the even never shows up on the case status. This seems really inefficient but it is how it is I guess.

Maybe for older cases the system did not work. I got an email when they sent the FP out. Now, its true that the status update does not talk about FP notice being sent out but it did mention that a notice had been sent out to get more information. From the experience of others, I knew it could be a FP notice so remained on a lookout. Even if it was not a FP notice, the fact that some notice has gone out - I would lookout for it. Anyway, just a suggestion.

 

[WBH]

Maybe for older cases the system did not work. I got an email when they sent the FP out.

That is because online status changed too. So as long as you often
check into your online status, Email is not necessary and it would not help
OP in teh first place.

But I advise everyone sign up email of course. It can suddenly become
useful one day

 

[zip159]

Maybe for older cases the system did not work. I got an email when they sent the FP out. Now, its true that the status update does not talk about FP notice being sent out but it did mention that a notice had been sent out to get more information. From the experience of others, I knew it could be a FP notice so remained on a lookout. Even if it was not a FP notice, the fact that some notice has gone out - I would lookout for it. Anyway, just a suggestion.

I signed up for an account online in March or April and turned on email notifications at the time. I didn't know about the online system before that time. Unfortunately, the system doesn't show a history of anything so it's impossible to see anything prior to the current status.

 

[Mimi1212]

I say find out how much and how long will it be to re-open your case, I know is hard to tell how long but I see the applications are being processed really quick now days. My question is.....If a person applies and this happens when that person re-applies do the IO look at this differently? or they dont care that you applied once and abandoned the application.

 

[Bobsmyth]

I don't see any big advnatage of re-opening the case. It is better and the timeline is more predicable if the OP just reapply.

The obvious advantage to requesting a reopen over filing a new application is the cost. Not sure what you mean by timeline is better by reapplying.

 

[WBH]

. My question is.....If a person applies and this happens when that person re-applies do the IO look at this differently? or they dont care that you applied once and abandoned the application.

There is no such question on N400 as "Have youy ever applied for US citizenship before?" and no other question ever indicate such. I don't know
if old application materials become part of your A-file or not. But I don't
think it really matters.