N400 App Denied - Need Help

A

aj2000

Registered Users (C)
PD 21-Jun-06
ID 26-MAR-07
RFE for Birth Certificate or Affidavit with document from Govt authority confirming birth certificate non availability or no longer exist

16-APR-07 Sent Affidavit signed by mother and notarized by court officer (India) stating birth date and non availability
12-JUL-07 Got denial notice stating that the document from Govt authority confirming birth certificate non availability or no longer exist, has not been received by service

Also states "The denial is made without prejudice towards the filing of a new N-400 Application"

Have 30 days to file request for hearing.
NOT SURE WHAT TO DO : PLEASE HELP
 
We don't typically see RFE for birth certificate. There is no requirement for submission of the same.

Anyway, it looks like they never received the documents they requested. Please contact an attorney and submit the documents within 30 days.
 
I guess if you act quickly on this not everything will be lost. The lawyer idea is probably good, as you don't have much time. I am not sure an Infopass will help now, as if the affidavit got lost in the mail or in their system there is little they can do. However, if it were me I would try to stop that 30 day clock ticking to give you enough time to get a new affidavit, in case you only had one copy.
 
takshila1 said:
We don't typically see RFE for birth certificate. There is no requirement for submission of the same.

Anyway, it looks like they never received the documents they requested. Please contact an attorney and submit the documents within 30 days.
Click to expand...

Thanks. I sent it via Fedex and have the trk #, Went for infopass after submitting the RFE docs, but was not informed that they did not get the info, was just told it is pending.
 
Huracan said:
....However, if it were me I would try to stop that 30 day clock ticking to give you enough time to get a new affidavit, in case you only had one copy.
Click to expand...

Huracan, how do you "stop the clock" and essentially ask for time out from USCIS?
 
Sorry to hear about this AJ, I remember when you posted a while back. The odd thing is that BC is not a required doc for almost all the cases.

I would suggest you resend the copies of the docs and the mailing proof to the officer who IVed you. Mark the document as ATTN:OFFICER John Doe just so it reaches the correct IO.
 
Hi aj2000,

Thing is that I don't know if the clock can be stopped. I thought that perhaps sending the request for a hearing could stop this clock, to put an example. I don't have any experience with this type of situations. It seems to me that if you still have the fedex tracking number you can make a good case that someone else screwed up.

I hope everything works well for you.
 
aj2000 said:
PD 21-Jun-06
ID 26-MAR-07
RFE for Birth Certificate or Affidavit with document from Govt authority confirming birth certificate non availability or no longer exist

16-APR-07 Sent Affidavit signed by mother and notarized by court officer (India) stating birth date and non availability
12-JUL-07 Got denial notice stating that the document from Govt authority confirming birth certificate non availability or no longer exist, has not been received by service

Also states "The denial is made without prejudice towards the filing of a new N-400 Application"

Have 30 days to file request for hearing.
NOT SURE WHAT TO DO : PLEASE HELP
Click to expand...

GET A GOOD LAWYER...THATS ALL YOU NEED...RIGHT AWAY, IF I MIGHT ADD.
 
moonman said:
GET A GOOD LAWYER...THATS ALL YOU NEED...RIGHT AWAY, IF I MIGHT ADD.
Click to expand...

I am thinking on getting a non availability letter for BC from India and sending it along with the hearing, yes I will take all copies I sent earlier and take a lawyer
Will let you know how it goes.
 
You must log in or register to reply here.
Top