Denial of N-400 AND did not receive notice by mail

Asked 10 months ago - New York, NY

Like other writer, my wife denied N-400 but never received notice by mail. Only found out by calling USCIS national call center after required 90 days since interview. In all likelihood because interviewer told my wife she did not reside in NYC long enough before filing (he was an idiot because we filed as Oregon residents, filed change of address and then later interviewed in NYC). Although she passed test he said residency could be problem. But again we never received written notice. Figure not worth time to either appeal or file freedom of information act request original notice (could take many months) since I'm assuming can't win and don't want delay and cost. How long to I have to wait to re-file a N-400 (don't know because again never received denial notice).

Attorney answers (6)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    2

    Answered . No need for FOIA. Schedule an INFOPASS appointment to receive copy of the denial. Refile only after having reviewed the reasons behind the denial and make sure the issue(s) that led to the denial are addressed in your new filing. If you moved and changed your address make sure to file an AR-11 change of address form with USCIS.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Catherine M Parker

    Contributor Level 9

    4

    Lawyers agree

    Answered . You shouldn't have to do a FOIA to get a decision in your own case. Maybe the notice went to the old address since there was a change of address issue. For one thing you should get the denial date on the phone from the national call center. Try Infopass to request copy. Refile, but only after you have a copy of the denial.

  3. Svetlana Prizant

    Contributor Level 9

    2

    Lawyers agree

    Answered . You do not need a FOIA. You can get a copy of the denial letter at an INFOPASS appointment. You do not have to wait to refile, but you should refile only after you find out the reasons behind the denial because you have to address these issues when you file again.

  4. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Infopass is preferable to a FOIA request. I would suggest getting an immigration lawyer to help you with the new filing. There are many good immigration lawyers in this area. Good luck to you.
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  5. Harry Asatrian

    Contributor Level 15

    Answered . Contact an attorney to assist you if you have further problems.

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information... more
  6. Mark Robert Barr

    Contributor Level 16

    1

    Lawyer agrees

    Answered . If you get a copy of the denial after attending your INFOPASS appointment and:

    1) the government clearly erred in sending the denial to the wrong address; and

    2) the substantive reasons for the denial were clearly in error---

    Then you might also consider filing a motion to reopen with a request that the filing fee be waived on account of governmental error.

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