US Citizenship denied, sheer communication issue

B

balak_42

Registered Users (C)
Hi
- Ctzp interview on 7/7/09
- Notice of action to submit W2 and Tax return requested same day
- Sent USCIS W2 on the same day, missed out the Tax return docs.
- Lost the notice of action to double check the USCIS document reqmnts.
- Received denial letter from USCIS on 05/15/2010 stating Tax return doc not submitted.
- Filed N-336 Request for hearing with $605 and the Tax return doc explaining the reason that the Notice of action had been lost
- Received letter from USCIS on 26 July 2010 stating that I failed to appear for hearing scheduled on 19th July 2010 per USCIS Notcie sent to me. Actually I did not receive any Notice from USCIS to appear for hearing for 19th July 2010 and should file petition with US District court within 120 days.
- Checked USPS for any such mails, there were none, have not changed address for last 5 years,
- Do I need attorney to file a petition or can I take it up with USCIS any other way.
- What if I skip this entire process and reapply via my spouse (US Citizen) after couple of years?
Does this denial impact reapplying for citizenship later.
Overall my case is just mis-communication leading to denial and nothing else
Appreciate any help
 
So did they deny your appeal or have they scheduled a hearing for you so that you can explain your side?
Also, they gave you a letter on your interview in July 2009 date indicating the documents required (which I assume you must have read since you sent in W2s), yet you didn't hear back from them until May 2010? Did you inquire about your case/write them any letters of inquiry during that entire time?
At this point you're better off just reapplying instead of further trying to pursue the appeal in federal court.
 
balak_42 said:
Hi
- Ctzp interview on 7/7/09
- Notice of action to submit W2 and Tax return requested same day
- Sent USCIS W2 on the same day, missed out the Tax return docs.
- Lost the notice of action to double check the USCIS document reqmnts.
- Received denial letter from USCIS on 05/15/2010 stating Tax return doc not submitted.
- Filed N-336 Request for hearing with $605 and the Tax return doc explaining the reason that the Notice of action had been lost
- Received letter from USCIS on 26 July 2010 stating that I failed to appear for hearing scheduled on 19th July 2010 per USCIS Notcie sent to me. Actually I did not receive any Notice from USCIS to appear for hearing for 19th July 2010 and should file petition with US District court within 120 days.
- Checked USPS for any such mails, there were none, have not changed address for last 5 years,
- Do I need attorney to file a petition or can I take it up with USCIS any other way.
- What if I skip this entire process and reapply via my spouse (US Citizen) after couple of years?
Does this denial impact reapplying for citizenship later.
Overall my case is just mis-communication leading to denial and nothing else
Appreciate any help
Click to expand...

Did you send your correspondence with certified mail so you can prove you mailed it? It might make sense to contact the Ombudsman's office regarding this issue; they might be able to do something about the case, given the lost letters. However, since this may take a while, I agree that you might be better off reapplying directly if time is an issue. Reapplying would also be cheaper than a lawsuit.
 
balak_42 said:
- What if I skip this entire process and reapply via my spouse (US Citizen) after couple of years?
Click to expand...

If you're reapplying, why not just apply on your own merit with the 5 year rule? Applying based on marriage to a USC will require more documentation, and thus a greater chance for USCIS to request something that you don't have on hand at the interview.
 
Thanks Bobsmyth for your response. To your question, yes I did visit using Infopass multiple times between July'2009 and May'2010 and infact submitted the Tax documents, but all in vain.I am not sure what happened to those Tax document copies addressed to specific office handed over to the receptionist in USCIS as we are not allowed to meet with any Officer.
Their letter dated 26th May 2010 says the application status remains same as denied and it indicates to pursue further with US District court of my jurisdiction.
I did send a priority mail with delivery confirmation lette to USCIS stating that I did not attend the hearing on July 19 as I did not receive any such Notice to appear.
 
balak_42 said:
Thanks Bobsmyth for your response. To your question, yes I did visit using Infopass multiple times between July'2009 and May'2010 and infact submitted the Tax documents, but all in vain.I am not sure what happened to those Tax document copies addressed to specific office handed over to the receptionist in USCIS as we are not allowed to meet with any Officer.
Click to expand...
Do you have any records of when you went for Infopass and who you talked to as well?
I don't think there's much point to pursuing the issue further in Federal court. The USCIS Ombudsman can't intervene on a denial..they can only assist if your case has been taking longer than posted processing times.
At this point save your energy and just reapply instead of trying to fight the matter further.
 
One other question, My GC is valid until 2016, Does my permanent residency (GC) gets impacted due to the US Citizenship denial? If I were to take a trip abroad and enter using GC (ofcourse within say 3 months duration), will I have issues while entering US (with my GC) due to the Citizenship denial?

Thanks in advance.
Bala
 
Absolutely no impact to your GC. You weren't denied for committing a crime or for discrepancies/fraud discovered in your GC process.
 
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