N600k denied- better to appeal or lodge new form?

[sandysydney]

hi

i live in sydney australia
i lodged a a n600k form for 2 of my kids and it was accepted and then years later i lodged another two forms for 2 other kids and did not send the supporting documentation on time so today i received a notice stating the application was denied and in order to appeal i need to lodge an appeal for $650.
my question is, is it worth it to appeal or should i lodge a new application?
do i need to notify anyone if i chose not to appeal and would it jeopardise my future application?

thank you in advance for your help!

sandy

 

[baikal3]

hi

i live in sydney australia
i lodged a a n600k form for 2 of my kids and it was accepted and then years later i lodged another two forms for 2 other kids and did not send the supporting documentation on time so today i received a notice stating the application was denied and in order to appeal i need to lodge an appeal for $650.
my question is, is it worth it to appeal or should i lodge a new application?
do i need to notify anyone if i chose not to appeal and would it jeopardise my future application?

thank you in advance for your help!

sandy

Submit two new N-600K applications and this time make sure that you enclose all the necessary supporting documentation to each of them. You don't need to notify anyone that you are not appealing the denial.

 

[Jackolantern]

i live in sydney australia
i lodged a a n600k form for 2 of my kids and it was accepted and then years later i lodged another two forms for 2 other kids and did not send the supporting documentation on time so today i received a notice stating the application was denied and in order to appeal i need to lodge an appeal for $650.

Were those other 2 kids born after the first 2 had their N-600K approved? If yes, and they're your biological kids and your marital status has not changed, and you're not depending on a grandparent's years of living in the US for them to qualify, that probably means the younger 2 kids qualify for citizenship since birth, and N-600K is not appropriate for them; you should file a Consular Report of Birth Abroad for each.

 

[sandysydney]

N600 k denied application

Thank you for your response I am using n600k
Since I don't meet he residency requirement
As I only lived in usa under 5years.
Any suggestions how to submit the appeal?
Sandy

 

[baikal3]

Thank you for your response I am using n600k
Since I don't meet he residency requirement
As I only lived in usa under 5years.
Any suggestions how to submit the appeal?
Sandy

Do not submit an appeal, submit new N-600K applications instead. An appeal is meant for cases where a procedural mistake was made by USCIS during adjudicating the application. In your case USCIS did not make a mistake - you did. They properly denied the applications since you did not provide sufficient supporting evidence. The fact that the previous application was denied for lack of supporting documents does not prejudice against filing a new one. It is simpler and faster than trying to file an appeal, which is fairly likely to be denied anyway, on procedural grounds.

Just file new N-600K applications and make sure that you submit all the supporting documentation with those applications this time (and do not wait for an RFE).

 

[sandysydney]

Appeal vs new application N600k

Do not submit an appeal, submit new N-600K applications instead. An appeal is meant for cases where a procedural mistake was made by USCIS during adjudicating the application. In your case USCIS did not make a mistake - you did. They properly denied the applications since you did not provide sufficient supporting evidence. The fact that the previous application was denied for lack of supporting documents does not prejudice against filing a new one. It is simpler and faster than trying to file an appeal, which is fairly likely to be denied anyway, on procedural grounds.

Just file new N-600K applications and make sure that you submit all the supporting documentation with those applications this time (and do not wait for an RFE).

thank you verny much for your helpful information.
a few question which i hope you can help me with or point me in the right direction,

Appeal process
1. why cant i submit the two documents with the appeal?
2. one document they claimed they did not receive and requested (as stated in declined letter) is proof that my children and i live together. i have no record of them asking me for that document the only email record i have is that they need proof that i live in Sydney.
3. the other missing document is the authorised copy of my mothers birth certificate- i only submitted the hospital certificate. My mother never got aroung to applying for it online.
BUT in my previous two childrens application which was approved, i was not asked to present it.
4. how long does it take for the appeal to take place and if approved what time frame would i have to come to the USA

SUBMITING A NEW FORM

1. what is the current processing time as i only lodged(direct to LA) 3 years ago (approx) and had about 6-8 month wait los angeles.
2. Will i be jepordised in any way for having once previously been declined?

How important is it to get the citizenship down at this moment if my chidlren are still young 4 and 8 years old, is the law likely to change?

thanks very much for your help
sandy

 

[baikal3]

thank you verny much for your helpful information.
a few question which i hope you can help me with or point me in the right direction,

Appeal process
1. why cant i submit the two documents with the appeal?

You can try, but, as I said, the appeal process is mainly meant for correcting a procedural error by the USCIS, not for providing new evidence that should have been submitted during the primary adjudication process.

2. one document they claimed they did not receive and requested (as stated in declined letter) is proof that my children and i live together. i have no record of them asking me for that document the only email record i have is that they need proof that i live in Sydney.
3. the other missing document is the authorised copy of my mothers birth certificate- i only submitted the hospital certificate. My mother never got aroung to applying for it online.
BUT in my previous two childrens application which was approved, i was not asked to present it.

Now you do have an official authorized copy of your mother's birth certificate, correct? The fact that the previous N-600K applications were approved without such a copy does not mean much. Each application is adjudicated separately, by a different IO; it is also possible that their standards for N-600K became more stringent over time.

4. how long does it take for the appeal to take place and if approved what time frame would i have to come to the USA

I have no idea. Appeal situations are fairly rarely discussed in this forum even for N-400 applications, and any kind of posts about N-600K applications are even more rare.
An appeal of an N-400 denial does usually require an in-person appearance, but I don't know how it works with N-600K.

SUBMITING A NEW FORM

2. Will i be jepordised in any way for having once previously been declined?

No, it won't. Like I said before, the fact that the previous N-600K was declined due to insufficient evidence being submitted does not prejudice the consideration by USCIS of a new N-600K.

How important is it to get the citizenship down at this moment if my chidlren are still young 4 and 8 years old, is the law likely to change?

In general, the earlier you take care of this, the better.

 

[sandysydney]

You can try, but, as I said, the appeal process is mainly meant for correcting a procedural error by the USCIS, not for providing new evidence that should have been submitted during the primary adjudication process.


Now you do have an official authorized copy of your mother's birth certificate, correct? The fact that the previous N-600K applications were approved without such a copy does not mean much. Each application is adjudicated separately, by a different IO; it is also possible that their standards for N-600K became more stringent over time.


I have no idea. Appeal situations are fairly rarely discussed in this forum even for N-400 applications, and any kind of posts about N-600K applications are even more rare.
An appeal of an N-400 denial does usually require an in-person appearance, but I don't know how it works with N-600K.




No, it won't. Like I said before, the fact that the previous N-600K was declined due to insufficient evidence being submitted does not prejudice the consideration by USCIS of a new N-600K.


In general, the earlier you take care of this, the better.

thank you thank you
do you think that i would need an immigration lawyer should i choose not to appeal and lodge new applications?
is there a preferred office to have the interview and will it be a risk to choose the LA office if they were the ones to deny the application previously?

 

[baikal3]

thank you thank you
do you think that i would need an immigration lawyer should i choose not to appeal and lodge new applications?

Generally, a lawyer is not required except for particularly complicated cases.
However, since you already had a denial, it my be a good idea to have a one-time consultation with an immigration lawyer before you make the next step. If you do consult a lawyer, try to find one who is associated with AILA, as they are generally more reliable:
http://www.aila.org/content/default.aspx?docid=10180

is there a preferred office to have the interview and will it be a risk to choose the LA office if they were the ones to deny the application previously?

My understanding is that in the N-600K you are supposed to specify the office (or at least the state) in which you prefer to have the interview; the USCIS will generally respect your choice.
If the child is too young and if the case is straightforward, there may not be an interview at all.

Was there an interview for the two N-600K applications that just got denied?

Btw, about where to file the next N-600K: I am not sure (especially if some correspondence from them might have gotten lost last time), but it may actually be to your advantage to request the same DO (meaning LA) to process the new N-600K as the previous ones. When you file a new N-600K, they'll still need to look up your previous application and it may take longer to do that if the new application is handled by a different office.