lost appointment

A

astrid

Registered Users (C)
Hello!!

what can you do when you lose you 2nd citizenship app. because you never received such 2nd chance letter, and now USCIS is sending a letter stating that you can pay $635 to get another chance... can we write back to them saying that it wasnt your fault for not receiving the letter or it would be better to reapply, cuz actually it would be worht it b/c you would have 2 more chances and is cheaper...

what do u think?...

get back to me pls... thankss
 
Why did you need a 2nd appointment - what happened to the first?
Did you change address and not inform USCIS? Seems like there is more to this that you've told us so far.
 
You have two chances to pass the civic test (exam for citizenship) - when you failed the 1st civic test.. USCIS gives you a 2nd chance...for what i know they send you a letter when you can get your 2nd civic test.. but what happend if you never received such letter? and you still have the same mailing address...
 
Ah, I see. In that case I would write back and politely say you never received the second appointment.
 
There are time constraints related to being retested for English and Civics
From the USCIS Adjudicator's Field manual
The reexamination should take place between 60 and 90 days after the first examination. If the applicant passes the examination on the retest and has met all other eligibility requirements for naturalization approve the application. [See 8 CFR 312.5(a).]



If the applicant fails the retest, deny the application for failing to meet the English and/or history and government or civics requirement for naturalization and for any other applicable ground for which the applicant has not established eligibility. [See 8 CFR 312.1(a) and 8 CFR 312.2(a).]
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If you did not get retested within this timeframe, your application can be denied
(9) Failure to Prosecute Application after Initial Examination . The applicant who has appeared for the initial examination on the application but, without good cause, failed to appear for reexamination will be considered as failing to prosecute the application. Similarly if he or she fails to provide, within a reasonable period of time, such documents, information or testimony necessary to establish eligibility for naturalization the application can be denied. If the applicant fails to prosecute the application, your denial must be based on the applicant's failure to meet an eligibility requirement, not the failure to prosecute the application per se. Specifically, you should adjudicate the case pursuant to 8 CFR 336.1(b) which requires that the denial "recite in clear concise language, the pertinent facts upon which the determination was based, the specific legal section or sections applicable to the finding of ineligibility and the conclusions of law reached by the examining officer in rendering the decision." See Chapter 72.3 of this manual, 8 CFR 335.7 and 8 CFR 336.1(b).
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That was my point as it seems that your application was denied. I believe an application denied for failing to appear for English/Civics reexamination is "without prejudice" i.e. the denial of the first application does not negatively affect any subsequent application.
 
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