Should I bother responding to this erroneous “failure to appear for interview” notice from USCIS?

[N400NYC 380]

The sequence of events is a bit complicated but here’s the story:

 

On the same day I had my interview and was approved, I was also issued a “failure to appear for interview” notice. This is because a case officer mistakenly listed me as a “no-show” while I was literally sitting in the waiting area of the field office with my ticket number. Anyway, that piece was resolved by a supervisor, and I was subsequently interviewed by a different case officer on the same day. But because of the initial “no-show” error, USCIS subsequently issued me a notice saying that if I don’t respond in 30 days explaining why I missed the interview (which I attended!), that my case would be closed. My assumption is that this letter is now moot given my status has since been updated with “case approved” and “oath ceremony to be scheduled” but I just wanted to check that I don’t need to write back to that letter?

 

In summary:

 

- I attended interview on the correct date, as scheduled.

- A case officer mistakenly listed me as a “no show” and entered that in the system.

- I ended up being interviewed on the same day as originally scheduled (thanks to my own advocacy) and my case was recommended for approval.

- The next day I received the “failure to appear notice” and also the updates to my case that I was approved and now in line for the oath!

 

Can I ignore that notice/letter? Or should I write back with a brief note saying that I attended the interview and provide a copy of the N-652 and copies of the online updates that my case has been approved and that I’m in line for the oath? Or is that completely unnecessary at this point because the current status is “oath ceremony scheduled”? I called the USCIS Contact Center and the rep said don’t worry about it, that my case status is "in line for oath" but I just don’t want any hassles or errors.

[Fr8dog 312]

I would check both trackers first, the myuscis one and the egov one. The egov one appears to show updates in the correct order, where the myuscis one likes to throw them around. If the egov shows the oath schedule message I would assume that that is where you are currently at.

I you have the physical "failure to appear letter" in hand before the oath has been scheduled you may want to consider the route of sending it back with the documents you already listed for your own piece of mind.

[N400NYC 380]

4 minutes ago, Fr8dog said:

I would check both trackers first, the myuscis one and the egov one. The egov one appears to show updates in the correct order, where the myuscis one likes to throw them around. If the egov shows the oath schedule message I would assume that that is where you are currently at.

I you have the physical "failure to appear letter" in hand before the oath has been scheduled you may want to consider the route of sending it back with the documents you already listed for your own piece of mind.

Thanks for your reply!

 

The egov website says: "Oath Ceremony Will be Scheduled"

 

The myuscis website says: "You Attended Your Interview" and "We Approved Your Application""

 

I have a copy of the "failure to appear for interview" notice (it's printable from the myuscis account) and I can easily return it with a brief note confirming I attended the interview (on the scheduled date) and attaching the N652 and copies of the website status updates. I feel obligated to respond but on the other hand don't want to overreact if everything is now in order.

[Fr8dog 312]

5 minutes ago, N400NYC said:

Thanks for your reply!

 

The egov website says: "Oath Ceremony Will be Scheduled"

 

The myuscis website says: "You Attended Your Interview" and "We Approved Your Application""

 

I have a copy of the "failure to appear for interview" notice (it's printable from the myuscis account) and I can easily return it with a brief note confirming I attended the interview (on the scheduled date) and attaching the N652 and copies of the website status updates. I feel obligated to respond but on the other hand don't want to overreact if everything is now in order.

Somewhere on the site it says that the documents are there for reference only. I would treat it like that and not respond until I would have an actual letter in hand.

[Fahad86 113]

3 minutes ago, N400NYC said:

Thanks for your reply!

 

The egov website says: "Oath Ceremony Will be Scheduled"

 

The myuscis website says: "You Attended Your Interview" and "We Approved Your Application""

 

I have a copy of the "failure to appear for interview" notice (it's printable from the myuscis account) and I can easily return it with a brief note confirming I attended the interview (on the scheduled date) and attaching the N652 and copies of the website status updates. I feel obligated to respond but on the other hand don't want to overreact if everything is now in order.

Well Congrats on getting approved and in line for Oath. I have never seen anyone in this situation at one point missed interview and second in line for oath. I would think call USCIS and talk to the second tier officer or even there automated msg. I think you are in line for oath so good luck with that but do call once that oath letter is available in the docs tab. 

[N400NYC 380]

12 minutes ago, Fahad86 said:

Well Congrats on getting approved and in line for Oath. I have never seen anyone in this situation at one point missed interview and second in line for oath. I would think call USCIS and talk to the second tier officer or even there automated msg. I think you are in line for oath so good luck with that but do call once that oath letter is available in the docs tab. 

Thanks! It’s a bizarre chain of events, yes!

 

I called the automated message service and it says “we have placed your application in the queue for the oath ceremony” so that’s the most current status.

[N400NYC 380]

37 minutes ago, Fr8dog said:

Somewhere on the site it says that the documents are there for reference only. I would treat it like that and not respond until I would have an actual letter in hand.

It says in the documents tab: "these are the copies of the notices that we mail to you" 

 

I have eventually received all of those notices in the mail (initial letter, biometrics, interview) so this one will arrive at some point as well. 

[Fr8dog 312]

1 minute ago, N400NYC said:

It says in the documents tab: "these are the copies of the notices that we mail to you" 

 

I have eventually received all of those notices in the mail (initial letter, biometrics, interview) so this one will arrive at some point as well. 

Wait till then I would suggest, it may or may not get sent.

[N400NYC 380]

1 minute ago, Fr8dog said:

Wait till then I would suggest, it may or may not get sent.

Does it ever happen that they don't mail certain notices? And if they don't send it that would be all the more reason to not respond?

[N400NYC 380]

This is the sequence on the myuscis website:

 

 

[Fr8dog 312]

3 minutes ago, N400NYC said:

Does it ever happen that they don't mail certain notices? And if they don't send it that would be all the more reason to not respond?

It depends on how their system is set up, since there is a delay between the notices sent by the system and the time that a document becomes available, I would not be surprised if there is some sort of buggy override in the system. The person hitting the wrong button may have auto generated the letter but it may (or may not) have triggered the actual printing and mailing of the letter.

 

As the USCIS clearly states throughout their sites and forms that the only official communication they sent is by mail. I would wait until I would receive something by mail. But that's just me.

[N400NYC 380]

2 minutes ago, Fr8dog said:

It depends on how their system is set up, since there is a delay between the notices sent by the system and the time that a document becomes available, I would not be surprised if there is some sort of buggy override in the system. The person hitting the wrong button may have auto generated the letter but it may (or may not) have triggered the actual printing and mailing of the letter.

 

As the USCIS clearly states throughout their sites and forms that the only official communication they sent is by mail. I would wait until I would receive something by mail. But that's just me.

I'm okay with waiting as I'd rather not respond if I don't have to - don't want to create any issue if there isn't one!

[Fr8dog 312]

2 minutes ago, N400NYC said:

This is the sequence on the myuscis website:

 

 

Well that makes it clear for me.

 

The letter normally needs to be answered so they can decide to re-schedule or deny. The IO has overridden that by manually rescheduling the interview for the same day. You than attended this "second" interview and they approved the application based on that. you got confirmation by phone that you can ignore the letter.

 

If it was me, I would do just that.

 

[N400NYC 380]

5 minutes ago, Fr8dog said:

Well that makes it clear for me.

 

The letter normally needs to be answered so they can decide to re-schedule or deny. The IO has overridden that by manually rescheduling the interview for the same day. You than attended this "second" interview and they approved the application based on that. you got confirmation by phone that you can ignore the letter.

 

If it was me, I would do just that.

 

That makes sense to me as the "you missed your interview" and "we scheduled your interview" updates both have the same date. Presumably the only way another ("second") interview can be scheduled is if there is a response to the "failure to appear" so I guess the second IO took care of that on the day. It's also the case that the egov website (which tends to lead the way with the status changes), never listed anything about missing the interview - it just said "we scheduled your interview" and then you attended, we approved etc.

 

So I'm inclined to go with your analysis and do nothing!

Edited February 26, 2020 by N400NYC

[Going through 5,668]

It appears as though their notices crossed  each other.  Kind of like when you pay your gas bill right before the due date, but then another bill is sent out requesting payment---it happens.  If your most current status is being inline for the oath ceremony---then I would go with that one.