N-400 Application DENIED due to missing interview from illness?

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jerzstyle00

Registered Users (C)
I was scheduled for my 2nd interview last week but developed strep throat where I had symptoms of vomoting and high fever.I mailed a letter describing my symptoms via certified mail 3 days before the interview. Today I recieve a letter stating I was denied because I missed my re-exam appointment. How can this be? I missed the appointment because of illness are they not that reasonable?

Then they state if I want to request a hearing I must pay a non-refundable $605! Is there a way I can plead my case here or is it basically to late since they already denied my application? Please give me suggestions on what i can do here because losing $700 is not easy.Thanks
 
Did you attend the first interview? If yes, was this 2nd interview scheduled for a date more than 120 days after the first interview?
 
I attended 1st interview on jan.19 2010 and the 2nd was set for may 6 2010.So although close it doesn't look like it surpassed 120 days.Why do you ask?
 
jerzstyle00 said:
I mailed a letter describing my symptoms via certified mail 3 days before the interview. Today I recieve a letter stating I was denied because I missed my re-exam appointment. How can this be? I missed the appointment because of illness are they not that reasonable?
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3 days is not enough time for the letter to be received and processed by them. I would think they denied you even before the saw that letter.
But you mailed a letter 3 days before the interview? Did you not expect to feel better after 3 days too?
To me it sounds like you could have put more effort in either attending the interview or making sure the letter reaches them (maybe call them on phone)>

You can always contest a denial within 30 days. And you can request to waive the fee - but there is no guarantee they will.
 
jerzstyle00 said:
I was scheduled for my 2nd interview last week but developed strep throat where I had symptoms of vomoting and high fever.I mailed a letter describing my symptoms via certified mail 3 days before the interview. Today I recieve a letter stating I was denied because I missed my re-exam appointment. How can this be? I missed the appointment because of illness are they not that reasonable?

Then they state if I want to request a hearing I must pay a non-refundable $605! Is there a way I can plead my case here or is it basically to late since they already denied my application? Please give me suggestions on what i can do here because losing $700 is not easy.Thanks
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Did you get a postal receipt confirming when they received your letter? If so and it was before interview date, try scheduling an Infopass and request to speak with DO supervisor explaining the circumstance.
 
sanjoseaug20 said:
3 days is not enough time for the letter to be received and processed by them. I would think they denied you even before the saw that letter.
But you mailed a letter 3 days before the interview? Did you not expect to feel better after 3 days too?
To me it sounds like you could have put more effort in either attending the interview or making sure the letter reaches them (maybe call them on phone)>

You can always contest a denial within 30 days. And you can request to waive the fee - but there is no guarantee they will.
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The reason I decided to send the letter 3 days before the date was because i was not sure if I was going to feel better so I figured Id try to send the letter(which they should of recieved the next day at most)before my date which I thought was a better idea then calling them the sameday telling them I wont be able to make it.Not sure what u mean i didnt make an effort by making sure the letter reaches them as I did send that letter via certified mail which just about gaurantees they recieved it.
 
As Bob said - try to speak to them.

Your comment - "received the next day at most" confirms that you are living in the age of facebook and online chat ... whereas CIS is living in the age of courier pigeons. I know I am exaggerating quite a bit, but this is to clarify the difference. Letters do not get processed the next day. The only time when mailing it in works is on April 15 with IRS.
 
jerzstyle00 said:
I attended 1st interview on jan.19 2010 and the 2nd was set for may 6 2010.So although close it doesn't look like it surpassed 120 days.Why do you ask?
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If the second interview was to be over 120 after the first interview, you could have filed 1447(b) which would have voided the requirement for another interview.
 
Jackolantern said:
If the second interview was to be over 120 after the first interview, you could have filed 1447(b) which would have voided the requirement for another interview.
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If a request for a second interview was made for a date more than 120 days after an interview, filing a 1447(b) wouldn't automatically void the requirement. The lawsuit still has to go through the court system and for a judge to decide whether USCIS has a strong enough case to warrant a second interview or if they must adjudicate the case immediately.

Case in point: had the second interview been scheduled 120 days after 1st interview due to OP failing civic exam, a 1447(b) would not have voided the requirement of taking the civic exam again.
 
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Does anyone why the OP is having a second interview?
Why do people usually have second naturalization interviews?
Bobsmyth said:
If a request for a second interview was made for a date more than 120 days after an interview, filing a 1447(b) wouldn't automatically void the requirement. The lawsuit still has to go through the court system and for a judge to decide whether USCIS has a strong enough case to warrant a second interview or if they must adjudicate the case immediately.
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Make an infopass appointment, take all the proof like certified mail receipt, doctor appointment proof, medication proof etc and speak with your IO.
I think this should help.
 
Bobsmyth said:
If a request for a second interview was made for a date more than 120 days after an interview, filing a 1447(b) wouldn't automatically void the requirement. The lawsuit still has to go through the court system and for a judge to decide whether USCIS has a strong enough case to warrant a second interview or if they must adjudicate the case immediately.
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Yes, but it's still voided until if and when the court allows it. If the 1447(b) was properly filed before the 2nd interview date, USCIS could not deny the case for missing the interview, if the court has not yet determined that the 2nd interview should go forward.
 
IPL-fan said:
Make an infopass appointment, take all the proof like certified mail receipt, doctor appointment proof, medication proof etc and speak with your IO.
I think this should help.
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If I am allowed to make this info pass appointment will I be asked to take the test while im there or will they reschedule me for another day?
 
jerzstyle00 said:
If I am allowed to make this info pass appointment will I be asked to take the test while im there or will they reschedule me for another day?
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They may have you take the test right there and then, but likely rare. There was an instance of an applicant some time ago going for an Infopass seeking information about their pending second interview and ended up being interviewed.
 
IPL-fan said:
Make an infopass appointment, take all the proof like certified mail receipt, doctor appointment proof, medication proof etc and speak with your IO.
I think this should help.
Click to expand...

Ok I went to the uscis website to schedule a infopass appointment but there is no options for a individual wanting to schedule because of a denial? Is it best that I go to the office personally or call them by phone? Also if someone can explain what does infopass exactly mean and what is an IO?
 
jerzstyle00 said:
Ok I went to the uscis website to schedule a infopass appointment but there is no options for a individual wanting to schedule because of a denial? Is it best that I go to the office personally or call them by phone? Also if someone can explain what does infopass exactly mean and what is an IO?
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Can't you select "You need Service on a case that has already been filed" ?
I don't think you can just walk-in and talk to an USCIS officer. That's why they have the Infopass system.

IO is an abbreviation for Interview Officer.
 
jerzstyle00 said:
Ok I went to the uscis website to schedule a infopass appointment but there is no options for a individual wanting to schedule because of a denial? Is it best that I go to the office personally or call them by phone? Also if someone can explain what does infopass exactly mean and what is an IO?
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The reason for infopass is not important and no one cares if you give a wrong and false reason.
 
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