Completely frustrated by this process

[IF&SA 4]

We have had the most terrible luck with this journey. We filed more than a year ago. Transferred to the slowest service center in jan 2014. Got a RFE for a missing naturalization certficate in may and responded to it immediately. The website showed RFE response review for three months then we got a denial notice for " not responding to the RFE" for 90 days. We have a fed ex reciept which proves we had sent it in june, but perhaps it never reached that particular officer.

My husband and the lawyer have both seperately sent copies again (he submitted it to the local USCIS office) , but how do we ensure that it doesnt get lost again? i am completely at the end of my tether here...

If we have to appeal this we have 30 days out of which 12 have already passed. What do we do about this, i hope some experienced members of this forum can offer any helpful advice

[sarahch 68]

You have a lawyer, what does the lawyer suggest?

[Ian H. 207]

You have a lawyer and he forgot to include a copy of the naturalization certificate? I would dismiss his services because he doesn't seem competent. He shouldn't have forgotten such a basic requirement. If you hired him after that, then ok.

As for the RFE, did you ever call to find out if they received the certificate? If your case was denied, you should be able to appeal if you are still within the time period. An appeal does cost money, I think it's almost $600. What has your lawyer recommended?

In which case if there is no way to reinstate the petition without having to pay or the fee is higher than the original cost with no added benefit, I would just submit a new I-130 since it would be cheaper.

[IF&SA 4]

Thanks for your replies. The lawyers are part of the problem , so they arent much help. The ommision of the certificate in the original packet was done by them , and they didnt really follow up the RFE much. Service requests were also done by us , but no one ever told us they hadnt recieved our RFE response.

[Ian H. 207]

Yeah, I think it's time to get rid of those lawyers. That is a very stupid mistake for them to make, forgetting to include the certificate.

There should be a way to hold them accountable for this. You should consult a competent attorney with verifiable reputation. Although I really don't trust lawyers and this process is not that complicated if you research it well enough.

They should be held responsible and pay whatever fees you have to pay for the appeal or to resubmit the application for something that was their mistake.

If not, take them to small claims court. $420 is a small fortune, at least for me anyway, so I would definitely do something about that.

Edited September 16, 2014 by Ian H.