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

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).

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Attorney answers 6


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.


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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


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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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.


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.


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 provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

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