I-751/N-400 DENIED despite rescheduling Interview

[OfficialEJF 0]

Situation: I called the contact center to reschedule my interview when I received the interview notice in August because my husband would be on a mandatory, two-week work trip in October, when our interview was scheduled. I received a letter from USCIS acknowledging the reschedule request for the N-400 case and confirming it would be rescheduled. I assumed since it was one interview, my rescheduling was confirmed. However, on the day of the original interview, the 751 was denied and closed. When I followed up, the contact center explained that my reschedule request had only been applied to the 400 application and not the 751—even though both were supposed to be adjudicated together at the same interview and this was what I requested the agent to do on the phone. The agent guaranteed my N-400 would still be rescheduled and both cases could still be adjudicated at that interview, which was definitely not true after I spoke to an immigration attorney.

 

Today, I have now received yet another denial letter for the N-400 and the reason given is that I failed to appear for my N-400 interview, despite the fact that I have a letter from the field office confirming my reschedule request for the N-400.

 

Do you think it's worth filing and I-290B/N-336 to save both applications since I have that reschedule confirmation from USCIS and I have proof that I contacted CIS in good timing to reschedule with documented evidence? Or do I need to file a fresh I-751? I am still happily married to my husband so this will not be a waiver case, and we are way past the 90-day deadline. My lawyer thinks I have a decent case for an I-290B but she's also very forthcoming and is clear that it could very well be denied. She wants to try a wait and see approach, but I don't mind filing an I-290B and a fresh I-751 together.

Edited 9 hours ago by OfficialEJF