N400 Application Denied

J

jimmyg

Registered Users (C)
Hello there,
A little background:
I applied for citizenship on 9/21/09, had my interview on 12/11/09. I passed the test (all sections),
but the officer mentioned my case may be denied because I had a 2.5 yr old (then, now 3yrs old) public intoxication charge. He told me I should know in 3 weeks (by the end of 09). I didn't hear anything back (by mail or otherwise) and to had wait till 03/12/2010 to request
an update to my case (90 day rule). So on 03/12/2010, I called USCIS and put in a service request to get an update on my case. Today (Tuesday 3/16/09), I received an email from USCIS saying my case was denied on 12/31/09. The never mailed me a notice and I fear the time to appeal may have run out.

Two Questions:
- What recourse do I have for the denied N400?
- My green card expires on 04/16/2011. Does a N400 denial affect GC renewal? In other words
can I count on being able to renew my GC (assuming I don't break any laws between now and then) or are there no guarantees?

thanks
 
You need to find out the denial reason, and then appeal or reapply based on the reason. Make an Infopass appointment to find out what the reason is.

Were you put on probation after that intoxication incident? If yes, were you still on probation when you applied?
 
I was on probation for 90 days after the incident (incident was 6/1/07) and the charges were dismissed after completing the probation. So no, I was not on probation during the the interview (12/11/09)
 
If they denied you on lack of good moral character (which is most likely the case), then appealing will not help. You will only be approved, if you apply 5 years from the incident (i.e., after 2 more years).
 
What about:
- My green card expires on 04/16/2011. Does a N400 denial affect GC renewal? In other words
can I count on being able to renew my GC (assuming I don't break any laws between now and then) or are there no guarantees?
 
Generally, a naturalization denial does not affect ability to renew GC.

If your denial was on 12/31, and you had 30 days to file an appeal. Given it is now 2 months after your denial, the appeal period has passed unless you can otherwise show that USCIS failed to notify you of the denial.
 
guju said:
If they denied you on lack of good moral character (which is most likely the case), then appealing will not help.
Click to expand...
. An appeal can still overturn a denial based on lack of GMC if the applicant can show that they otherwise do not lack GMC.
 
jimmyg said:
What about:
- My green card expires on 04/16/2011. Does a N400 denial affect GC renewal? In other words
can I count on being able to renew my GC (assuming I don't break any laws between now and then) or are there no guarantees?
Click to expand...

did you properly disclose the charge in N-400 apllication ?
 
Jimmyg, you waited for quite a while after the interview. Did you do an Infopass during the waiting period, and did they not tell you about this in that meeting? I also assume they did not tell you about the denial during your calls to them. It is very sad that they should do this in a way that makes even contesting the decision a problem because of the time limit.
 
topchi7 said:
Jimmyg, you waited for quite a while after the interview. Did you do an Infopass during the waiting period, and did they not tell you about this in that meeting? I also assume they did not tell you about the denial during your calls to them. It is very sad that they should do this in a way that makes even contesting the decision a problem because of the time limit.
Click to expand...

I could not do an info pass until after 45 days after my interview ... also I called several times before 3/12/10, but they told me I had to wait for at least 90 days before putting a service request ... so basically even the customer support center ( 1-800 number) were unaware that a decision had been made, my status always said (and still does) "Testing and Interview" ... am just shocked to how they can deny an application and not inform the applicant or their own customer support personnel
 
jimmyg said:
I could not do an info pass until after 45 days after my interview ... also I called several times before 3/12/10, but they told me I had to wait for at least 90 days before putting a service request ... so basically even the customer support center ( 1-800 number) were unaware that a decision had been made, my status always said (and still does) "Testing and Interview" ... am just shocked to how they can deny an application and not inform the applicant or their own customer support personnel
Click to expand...

I know a denial is a denial and once 30 days have passed, it is hard to contest. But assuming that each of your call is logged into the system, you have a record of calling CIS to check the status. Why don't you write to the OMBUDSMAN ... purely on the issue of non-communication, and asking for the opportunity to contest the CIS decision? Send a copy to the DO and the interviewing officer also.
 
It is possible the denial email is a mistake. Even the customer support people didn't know of the denial, and you didn't get a denial letter. You need to make an Infopass appointment to find out the true status of your application. If they say it was denied, ask if and when they sent the denial letter. That email alone does not count as official notification, and even if it did, the 30-day clock for appeal would start when you got the email, not on the denial date listed in the email.
 
Thank you all for advice ... I have an info pass appointment tomorrow morning. Hopefully I can find out what really happened and what options are available ... thanks
 
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