Appeal of premature filing of N-400 (application mailed 2 days too early)

[tosat 4]

You generally only get the fees refunded if they reject your application during initial screening. They accepted your application (which they probably should not have done), so your application was considered "filed", and they keep the fees.

Your case was bungled by the interviewing officer, and that caused a snowball effect. When she saw the dates she should have immediately denied your application, and allowed you to submit another. Instead, she tried to juggle your application and shoe horn it through the system. The other USCIS employees who handled your application probably had no idea what to do with it, as there are no provisions for routinely handling something like this. Bureaucracies don't deal well with non-conformity. Some supervisor probably saw your application still pending in the system and decided to have a look at it. "Why is this thing still here? This should have been denied a long time ago!".

Seriously, the amount they're quoting you for an appeal is only slightly less than the total cost of filing a new application. As I said before, there is practically no chance you'll win an appeal of THAT application. You can't overcome the fact that it was filed too early unless you have a Delorean, a flux capacitor, and some plutonium. Just file again and end the stress.

You are awesome! Thank you so much for taking the time to do this. I really appreciate your help. Lots of blessings your way.

[tosat 4]

I am sorry to hear about this. Its just bad luck. The fact is that you did file early (how early it doesn't matter). The immigration officer probably had to go thru some trouble in changing it to a denial and reversing her decision which is why it took too long. However, now you have clean slate again.

Appeal is a difficult process that you will have to do with the lawyer and spend some extra money anyways. If you chose to do it yourself - then your case is weak. Simple answer they will give you is that you got denied because you applied early.

Focus on the positive - that once you send in your application again, you will get approved.

I recommend that you consult a good lawyer - make another info pass appt and ask them what should u do now - spend the money and be patient. You will get thru this soon.

Thank you so much. I appreciate your input. What you're saying makes a lot of sense.