Help! N400 Denied

[Angela Lyman 9]

Hi everyone,

 

My N400 got denied because USCIS said they didn't receive the RFE documents (the RFE letter was hand delivered to me during my interview). However, I DID send it and send it on time. I have FedEx delivery proof. Denial Letter says that I can file an appeal (8/1/2018 deadline). But I really don't want to spend $700 for the appeal because they lost my package!  These are the methods I tried so far:

 

1. Infopass: visited the local Infopass where I had the interview. The lady at the counter was not friendly, gave me attitude and blamed on me for everything. In the end, she took the package I prepared, including the requested RFE document and the FedEx delivery proof. She said she'll forward to N400 officers but they might not take it because the case is closed.  She gave a receipt to prove I visited Infopass and submitted the evidence. 

 

2. Congressman: after Infopass, I contacted my district congressman and hope they could ask USCIS to reopen my case. I also gave them my evidence and supporting documents for their reference. The office staff responded quickly. But it seems they need quite some time to check my case first before reaching to USCIS. So I'm not sure how much they could help before the deadline for appeal.

 

 

Does anyone have any suggestion????? I think it's really unfair that I might need to spend money on appeal or re-apply just because USCIS lost my package. This system sucks....

 

 

[Starkilla09 366]

USCIS is one of those federal agencies that really hate to admit they’re wrong. Since you’ve already done those 2 steps by doing an infopass and also contacting your congressman just wait and see how it plays in the end. If it fails the easiest option though it sucks will be just to refile again from scratch. Appeals cost same as a new application so it’s better to just redo it.

[saladboye 166]

Try contacting the OIG or Ombudsman.

 

Preferably over certified snail mail (You will be surprised how swiftly those are resolved. everyone hates a paper trail that can be used against them.)

Edited July 26, 2018 by saladboye

[Hypnos 6,576]

As suggested above, the CIS Ombudsman would also be someone I would be contacting:

 

https://cisomb.dhs.gov/oca/form7001.aspx

[Angela Lyman 9]

9 minutes ago, love_my_wife said:

I very much sympathize with you. What else can an applicant do when USCIS denies acknowledging something that was sent over Fedex (Most reliable delivery company) with the best tracking system available...  And then the officer at Infopass blames the applicant on the contrary... This is pathetic.... That too after taking $725 from the applicant as the processing fee.

 

Yeah. I couldn't believe that the Infopass staff/officer even told me "it doesn't mean anything!" when I showed her the FedEx delivery proof. That proof showed the delivery date, time, address, floor, room number, name of the recipient, and the image of his signature. If these don't mean anything to USCIS, I really don't know what do to...

[CarlHamilton 252]

21 minutes ago, Angela Lyman said:

Yeah. I couldn't believe that the Infopass staff/officer even told me "it doesn't mean anything!" when I showed her the FedEx delivery proof. That proof showed the delivery date, time, address, floor, room number, name of the recipient, and the image of his signature. If these don't mean anything to USCIS, I really don't know what do to...

Yes, but it doesn't show what was in the envelope.  You could have sent a birthday card.

[Eric-Pris 1,602]

3 minutes ago, shomer said:

Yes, but it doesn't show what was in the envelope.  You could have sent a birthday card.

Ask them to show you the birthday card then to prove that they didn't lose it.  

 

Good luck OP

[Starkilla09 366]

5 minutes ago, shomer said:

Yes, but it doesn't show what was in the envelope.  You could have sent a birthday card.

Absolute nonsense! Who sends a birthday card to USCIS with tracking through Fedex? Is this the best explanation you can come up with?

Edited July 26, 2018 by Starkilla09

[CarlHamilton 252]

1 minute ago, Starkilla09 said:

Absolute nonsense! Who sends a birthday card to USCIS with tracking through Fedex? Is this the best explanation you can come up with?

Do you even humor bro?

[Starkilla09 366]

1 minute ago, shomer said:

Do you even humor bro?

OP doesn’t need your unnecessary “humor” he needs solutions. I bet you wouldn’t be appreciative of such a response after paying $725 for a service, waiting for months, submitting an RFE as instructed then getting denied because of someone’s incompetency.

[CarlHamilton 252]

1 minute ago, Starkilla09 said:

OP doesn’t need your unnecessary “humor” he needs solutions. I bet you wouldn’t be appreciative of such a response after paying $725 for a service, waiting for months, submitting an RFE as instructed then getting denied because of someone’s incompetency.

The OP didn't overreact to my comment, you did.  And your post isn't much of a solution either.  

[Angela Lyman 9]

3 minutes ago, shomer said:

The OP didn't overreact to my comment, you did.  And your post isn't much of a solution either.  

@Starkilla09 Thank you for all the replies and defending for me...truly appreciate! This situation really depressed me..

@shomer you have the same kind of sarcastic humor (i assume) like my husband... I was going to ask you if you have any suggestion... You know what? I did take photos of all the things I put in the envelope! but guess what? the USCIS still don't take it seriously. So there is no way I can prove anything with this system. It sucks... 

[Angela Lyman 9]

1 hour ago, Hypnos said:

As suggested above, the CIS Ombudsman would also be someone I would be contacting:

 

https://cisomb.dhs.gov/oca/form7001.aspx

 

 

Thanks for the tip! I just filed to Ombudsman. I got the confirmation# for my filing. Do you know if they really respond? The confirmation says it usually takes 90-120 days. but I feel it's just another typical bureaucracy...  

Edited July 26, 2018 by Angela Lyman

[Hypnos 6,576]

1 minute ago, Angela Lyman said:

 

Thanks for the tip! I just filed to Ombudsman. I got the confirmation# for my filing. Do you know if they really respond? The confirmation says it usually takes 90-120 days. but I feel it's just another typical bureaucracy...  

Yes, it can take a while to get a response. But the Ombudsman is independent of USCIS, and is there specifically to solve problems such as this. I had to contact them back in 2012 after USCIS made errors on my AoS that they were unwilling to resolve themselves. It took several months, but the Ombudsman eventually got it straightened out.

[POA 175]

As others have mentioned, contact Ombudsman. That's what I did when they made a mistake. Make sure you keep all your proof, remember the dates and all the  details because they won't easily admit they were wrong. I had a similar issue and fought hard for it. It was a success with Ombudsman's help.

Edited July 26, 2018 by POA