Please Help! N-400 petition denied

H

Hapless!

Registered Users (C)
Hey Guys...

After waiting for more than 2 yrs for a decision on my N-44 aapplication, I finally got the letter....but it was a letter of denial :(...the reason! I had applied based on 4 yrs 1 day rule, but had applied about 15 days earlier (thinking at the time that the 3 months rule also applies to this case!!)...On my interview which finally came after a wait of a yr and a cpl of months...the officer did approve my petition saying that I had met all the requirements and that they will be sending me the oath letter soon. After another 6 months of wait..I recvd a denial...Now I need to figure out what is the best course of action -

1. Re-apply again (How soon after the denial can I do this?)
2. Appeal the decision and ask them to take into account the unusual delay in the application....Does this have any chance? I am also thinking of writing to my congressman.
3. Re-apply and appeal at the same time...mainly to save time if the appeal does not work? Could there be any problem with this?

I would appreciate any help on this..my stress level has gone up the roof on this one...after being patient with them for more than 2 years :confused: :confused: :(

regards
 
Hapless! said:
Hey Guys...

After waiting for more than 2 yrs for a decision on my N-44 aapplication, I finally got the letter....but it was a letter of denial :(...the reason! I had applied based on 4 yrs 1 day rule, but had applied about 15 days earlier (thinking at the time that the 3 months rule also applies to this case!!)...On my interview which finally came after a wait of a yr and a cpl of months...the officer did approve my petition saying that I had met all the requirements and that they will be sending me the oath letter soon. After another 6 months of wait..I recvd a denial...Now I need to figure out what is the best course of action -

1. Re-apply again (How soon after the denial can I do this?)
2. Appeal the decision and ask them to take into account the unusual delay in the application....Does this have any chance? I am also thinking of writing to my congressman.
3. Re-apply and appeal at the same time...mainly to save time if the appeal does not work? Could there be any problem with this?

I would appreciate any help on this..my stress level has gone up the roof on this one...after being patient with them for more than 2 years :confused: :confused: :(

regards
Click to expand...

Dear Hapless,

It is VERY VERY unfortunate that the USCIS denied your app as you applied a mere 2 weeks in advance. :mad: And that too they took 6 months to decide. Idiots!!

As far as I can see you have only one option
GET A GOOD(yes GOOD!) LAWYER

Yes you can appeal the process and maybe the administrative board will be a bit more lenient to you. Yes you can go to your Senator (who carries more weight that Congressman) who can plead leniency for you, but the law is an ass - they can straight out deny you regardless. Reapplying while waiting is a great idea, dunno if it will cause problems though. But get a COMPETENT lawyer. Which District Office are you living in?

If I were you I'd also take an appointment to see the local DO Supervisor who has complete control over these decisions . If nothing they have all the power to make your next application go blazing fast!

All the best
 
My Dear Hapless....

If u have navigated the site u must have read my posts about my application.... if not then plz do so... because u will feel MUCH relaxed after reading what happened to me

in my case it took them 9 months after interview to give me bad news. if i were you i would not go back to them asking for their consideration waste if time...dont think of them so nice.

just apply again and pray u get done with this process. but yes as rahul said consult a good lawyer. he might tell u to apply again since its gonna cost u more and perhaps it will take another 35 years for them to say no sorry according to this and this law u DID apply early.I would suggest to apply again.. and what is ur district office? is it NY if not then it must be similar to NY. damn we are just immigrants, its our choice to be here so they know we would stay here no matter how long they take. and application fees???? increased so much and what we get in return even more BS.
 
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Thanks Guys...I was leaning towards reapplying as well...Though as Rahul suggested, I do plan to meet with the local office superviser...since in a similar case, the officials agreed to speed up the process for this particular applicant. Shaky, did your letter indicate when can you re-apply? Mine does not give a date for reapplying...
I'll prepare a new application, talk to the superviser and based on the outcome will re-apply ASAP. I am in the seattle DO...
 
Seattle DO? Did't we hear about some one that violated a fishing code rule and got his application denied in Seattle? This DO is pretty tough!
 
I found this memo instructing USCIS officials what to do in case of early application...it is pretty old though...so I am not sure if the current procedure is to just go ahead and reapply. If you guys have come across any other similar cases...articles...plzzzz let me know...

http://immigration.about.com/gi/dynamic/offsite.htm?site=http%3A%2F%2Fwww.shusterman.com%2Fnatz699.html

It is pretty clear now that my only resort is reapplication and maybe try to get the local officials to speed up the process given the situation. Any other ideas/pointers will be greatly appreciated.

thanks
 
Shaky,

Cpl of questions on your reapplication -

1. In your 2nd application, did you mention anything about the first application?
2. What is your current timeline?
3. How long after the first application did you apply again?

Any other pointers for reapplying?

Thanks a lot.

shaky said:
My Dear Hapless....

If u have navigated the site u must have read my posts about my application.... if not then plz do so... because u will feel MUCH relaxed after reading what happened to me

in my case it took them 9 months after interview to give me bad news. if i were you i would not go back to them asking for their consideration waste if time...dont think of them so nice.

just apply again and pray u get done with this process. but yes as rahul said consult a good lawyer. he might tell u to apply again since its gonna cost u more and perhaps it will take another 35 years for them to say no sorry according to this and this law u DID apply early.I would suggest to apply again.. and what is ur district office? is it NY if not then it must be similar to NY. damn we are just immigrants, its our choice to be here so they know we would stay here no matter how long they take. and application fees???? increased so much and what we get in return even more BS.
Click to expand...
 
sarina said:
What is the 4+1 rule. I have heard of the 5 yrs, and 3 yrs but never 4+1..
thanks
Click to expand...

when u leave the US for a long trip > 1 year, you apply for reentry permit and when u come back to the US you are allowed to apply for citizenship after 4 years and 1 day.
that s the 4+1 rule
 
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