N-400 denial: do you acknowledge or not?

[Amerikanus]

I wrote to the district Director (in New Orleans) immediately after I received the denial notice. I also attached another copy of approval of the "Preserve Residence". I sent out the letter in Oct. 2006 with a registered letter so that I have a proof the USCIS in New Orleans received my letter. However, I did not receive any thing back from USCIS since then.

Did you write a letter or start an appeal? Those are two different things.

What do you think I can do in this situation? Can I take any legal action or I need to simply call the office asking what's going on?

Well, by now it's too late to do anything -- it's been over a year!

You have surely accumulated the required 5 years (since you came back in 2002), correct?

My advice is to apply for naturalization anew. File a new N-400. Attach a copy of your N-470 and (most importantly) make a reference on your N-400 in Part 7 to the copy of N-470.

I don't think that going through the court will be a quicker way than going with filing a new application. You will spend much more: (1) time researching the laws, (2) $$$ on your lawyer. And in the end the outcome is not granted, as it's going to be up to the judge to decide, he will be digging into your records between 2000 and 2002: where did you go, how, and why...

If you file anew, the past is not going to bite you, since 2002 is beyond the 5 years event horizon.

 

[valiko]

Updates are coming at the end of the month. Stay posted.
(I'm gonna have my way whether INS likes it or not!)

 

[valiko]

#*/-+ INS!!! My naturalization ceremony is this Wednesday!!! YEAH!!!

 

[Huracan]

Congratulations! Thanks for coming back and digging out this thread to give it closure.

 

[boatbod]

Thats great news! Congrats.

 

[Feliz-LA]

wooooww!! congratulations!!!! sorry i didnt clearly understand - did you win the case or was it reapply?

 

[Ladybuggy]

Congratulations !!! I hope you did the appeal though. Even though I just went through 3 pages of postings I really didn't think ignoring the denial Letter is a good idea. It could shoot you in the foot sooner or later. I know they could never proof it that you recieved it because it wasn't sent certified or delivery confirmation BUT don't underestimate the USCIS. Congrats though, what a journey !