N-336 yes or no

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So, I got a denial because I stupidly forgot to put the birth certificate in the envelope after they requested more evidence. And I had postmarked it on the due date, instead of it arriving by the due date (I was having a hard time finding a lawyer that could help in my area, and only finally got feedback on that deadline date).

I can fix the former, not the latter.

I don't have a lawyer.

I'm thinking of just doing a new application. If they'd asked for that birth certificate before my interview I would have brought it.

Worth appealing with the N336? They make it sound they really need a birth certificate, but I can't refute the missed deadline.

Thanks for any help!

[JimmyHou 610]

So, I got a denial because I stupidly forgot to put the birth certificate in the envelope after they requested more evidence. And I had postmarked it on the due date, instead of it arriving by the due date (I was having a hard time finding a lawyer that could help in my area, and only finally got feedback on that deadline date).

I can fix the former, not the latter.

I don't have a lawyer.

I'm thinking of just doing a new application. If they'd asked for that birth certificate before my interview I would have brought it.

Worth appealing with the N336? They make it sound they really need a birth certificate, but I can't refute the missed deadline.

Thanks for any help!

Mistakes happen... no point in worrying about it now... Here's my non-expert advice.

An N336 costs $650 dollars and an there's a chance of denial... I would assume that the purpose of the appeal is to challenge a decision based on a USCIS error... there wasn't one in this case. However, the USCIS website says that the purpose of the form is to just request a hearing; doesn't say anything about who was at fault.

That doesn't mean an appeal wouldn't be approved; they may use it as an opportunity for you to supply the missing document... but they may also just say there was no error on their part and you are free to reapply.

If I were in your shoes, I would make an Infopass appointment and explain the situation and see if they'll reopen the case without a formal appeal. I think this is quite unlikely, but worth a shot if you live close to the field office and it's not too inconvenient. If this doesn't work, I would just reapply.

Edited September 10, 2016 by JimmyHou

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Thank you for the reply. Much appreciated.