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Ben & Melanie

Motion to Reopen (merged)

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I need your help! Our case was denied after just over 8 months of waiting due to an error on USCIS' part. Has this happened to any of you? We were advised to write a letter to the Director, as some mistakes do happen sometimes. The mistake was also acknowledged and confirmed by the higher representative that we talked to. We are faced with filing a motion as the 30 day deadline is quickly approaching. Has anyone had any luck with motions to reopen your case? Any help is greatly appreciated!
Edited by Penguin_ie

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Like above need some details.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

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4 minutes ago, Ben & Melanie said:

Has anyone had any luck with motions to reopen your case? Any help is greatly appreciated!

Would depend on the reasons behind the denial, and what proof you have that it was USCIS error---without sharing those details, difficult to give proper advice/share relevant experiences.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

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@Ben & Melanie If you feel USCIS made an error, then appeal or file a motion (whichever is applicable to your case). In addition, you may contact Ombudsman https://www.dhs.gov/case-assistance

 

I had a similar situation, my appeal is still pending. Make sure to explain everything in details in a clear way and attach proof. 

 

Depending on circumstances, it may be a good idea to consult with an attorney, but it is extremely expensive. They usually charge $250/hour and up.

 

 


ROC

12/11/2018 - I-751 mailed (requested a fee waiver) to Lewisville, TX via FedEx

12/13/2018 - package delivered 

01/02/2019 - received text message from USCIS with case number starting with EAC

01/12/2019 - submitted online e-Request for non-delivery of NOA (the extension letter)

01/24/2019 - received the response to e-Request via e-mail, which says: "Please allow 30 days from the date of this correspondence for the notice to be sent".

01/28/2019 - received NOA (the extension letter), which extends GC for 18 months

01/29/2019 - received biometrics appointment letter

02/08/2019 - biometrics completed

 

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Sorry guys, we received an RFE telling us to submit one (1) passport style photo of Ben ONLY, as well as responding to a question that had not been answered. We sent the requested photos of Ben and answered to the question.

The decision came back denied, saying that we failed to provide the resquested pictures. 

I assume that they are missing passport style photos of myself (Melanie), however there was no mention of myself in the RFE whatsoever.  Therefore it was our understanding that no additional documents were required to be submitted.

I see that the initial petition requested for passport photos of the both of us (which we missed), but we would have thought that they would have included passport style photos of myself in the RFE. If they had, we would have sent them and everything would have been ok. 

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If possible, could you upload a photo of the RFE and the denial letter so we can see how it's worded?  (of course removing any personal info in the letter first)  I'm curious as to how the request for the passport photo was actually worded by them in comparison to what you said you sent...depending on that, you *might* have a chance...

 

You did ensure the photo you submitted was the correct size, followed the USCIS guidelines, etc. I assume?

 

EDITED TO ADD:  I see where you mentioned that you didn't send the requested passport photo of yourself either with the initial petition....and then didn't send it again with the RFE...might explain what happened then, depending on how the RFE was worded :( 

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Even though some have stated the photo of the beneficiary is no longer required I included passport style photos of both me and my husband just in case. Didn't want them to have any reason to send an RFE. I'm thinking you should be able to just go ahead and send the photos of yourself as well within the 30 days so they could move forward with processing. That's such a small thing to outright deny  someone for.

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Sorry guys, we received an RFE telling us to submit one (1) passport style photo of Ben ONLY, as well as responding to a question that had not been answered. We sent the requested photos of Ben and answered to the question.

The decision came back denied, saying that we failed to provide the resquested pictures. 

I assume that they are missing passport style photos of myself (Melanie), however there was no mention of myself in the RFE whatsoever.  Therefore it was our understanding that no additional documents were required to be submitted.

I see that the initial petition requested for passport photos of the both of us (which we missed), but we would have thought that they would have included passport style photos of myself in the RFE. If they had, we would have sent them and everything would have been ok. 

 

 

 

Edited by Ben & Melanie

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@Apple Bee in the decision they are telling me I need to appeal or file a motion. I was told I could send a letter to the director but no news yet. We acted to the decision within days in case we still need to file an appeal or motion.

Our case is pretty straight forward as we’ve been together for over 9 years we met and lived together for 7 years in Canada and have a 6 year old son together. As he has dual citizenship he moved first but we’re still waiting for an approval, it’s hard on all of us.

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59 minutes ago, Kiolas said:

@Ben & Melanie If you feel USCIS made an error, then appeal or file a motion (whichever is applicable to your case). In addition, you may contact

 

 

Site is closed due to government shutdown.



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I read where the decision letter mentions BOTH photos were requested....but you said the RFE letter specifically mentioned the photo of one of you only?  

 

Since the decision letter also mentioned that the photos were required with the initial filing (which you admit you didn't send in), you might have a motion to reopen approved if the RFE is specifically worded to request a photo from only one of you.... How exactly was that RFE worded?

 

You said you spoke to some "higher ups"---so I guess if these are higher ups at USCIS, you may have a shot---good luck.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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The RFE specifically said

:

Submit (1) one passport style photo of ______ (the name of my fiance) and then described what the photos should be like, demensions etc.

Then at the bottom it also asked to respond to a yes or no question that was left blank in the petition. 

No mention on passport photos of myself, my name was not mentionned on that RFE.

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4 hours ago, Apple Bee said:

Even though some have stated the photo of the beneficiary is no longer required I included passport style photos of both me and my husband just in case. Didn't want them to have any reason to send an RFE. I'm thinking you should be able to just go ahead and send the photos of yourself as well within the 30 days so they could move forward with processing. That's such a small thing to outright deny  someone for.

"Some have stated"?  The instructions CLEARLY specify to send passport photos of both petitioner and beneficiary, unless they have changed that within the past few months.

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