N-400 Denied, file Motion to Reopen, HELP!!!

stat2000

Registered Users (C)
My parents filed an application for naturalization (Form N-400) with the VSC on November 10, 2004. We received fingerprint notice for February 15th, 2005. However my parents will be out of town that day, thus, they went to the fingerprint on February 14th, 2005. but was told they need to reschedule the appointment, thus they send out the reschedule letter in February 20th.

Today, they received the denial notice, stating that INS has denied the application for failure to apper for fingerprinting. additionally INS did not receive the request to reschedule fingerprint appointment. Dame ... don't know why the mail was lost.

Please help what I need to do:

1). file the MTR to reopen the case? how quick INS response to MTR?
2) file a brand new case with FEES.

which one is better option? THANKS.
 
When it comes to dealing with USCIS, never assume anything and believe everything you hear. A lot of staff who work on their premises are temporary contractors. Your parents should have taken an appointment at the local Disctrict office and/or called the 1-800 and asked to speak with an immigration officer before Feb. 15th to reschedule the FP appointment. I know of someone who never received the FP letter, but a rejection letter stating that the FP appointement was ignored. FP appointment notice was lost in the mail. USCIS never responded to the MTR request.

You best option is to refile the application with all the documentation and fees. Pursuing MTR will only delay the case and there is not much of a chance of succeeding as the whole burden of proof is your parents.

Good luck!
 
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