I-751/N-400 DENIED despite rescheduling Interview

[OfficalE 5]

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 Tuesday at 02:21 PM by OfficialEJF

[TBoneTX 48,348]

Welcome to the forum, and terribly sorry to hear this news.

 

Another option would be to involve your U.S. Congressman's office (the immigration liaison there).

Given the time, expense, and uncertainty that you face, you have nothing to lose by trying this route.

They'll have a Release Form on their site to authorize their intercession with USCIS on your behalf.

Try this, and keep us apprised.

[OfficalE 5]

Unfortunately, because the case has been closed, my congressman was not able to do anything. They basically asked me to submit the I-290B and then they'll reach out to USCIS to expedite that process.

[TBoneTX 48,348]

It's good that you tried.  It's up to you now whether to accept your lawyer's recommendation.  Keep us apprised.

[OfficalE 5]

@mindthegap I heard from the grapevine you would be a good resource to consult on this. Do you have any thoughts about filing an I-290b vs filing a fresh 751?

[W199 521]

On 10/28/2025 at 10:17 AM, OfficialEJF said:

She wants to try a wait and see approach, but I don't mind filing an I-290B and a fresh I-751 together.

What does "wait and see" mean? It sounds like she wants to do nothing and wait to see if you get detained and put into removal proceedings? That would be a nice income boost for your lawyer.

 

Technically there is an argument to make that USCIS did not make any error because the letter confirms you only rescheduled the N-400.  Then the N-400 had to be denied since the I-751 was previously denied.

 

Its can be hard to make USCIS admit they messed up and it was really their fault.   Question, does filing the I-290B means that you will be out of status because your I-751 was denied?  If so, it might be better to get another extension letter by re-filing everything. But I really have no idea, you really should get several consults with multiple experienced immigration lawyers to find the best path forward.

Edited 17 hours ago by W199

[OfficalE 5]

Wait and see meaning filing the I-290B, waiting for the outcome on that, and then filing the I-751 if needed. I argue we should file both at the same time (I don't need her to file the I-751 as I did that by myself in the past). The I-290B does not restore my status if it gets denied. It might prevent an NTA (which is 50/50) but it does not necessarily restore status unless it is granted. 

 

Her reservation with filing a fresh I-751 is that I am past the 90 day deadline since I am still filling with my spouse, and I would need to show good cause and extenuating circumstances so convincing an officer might be difficult. 

[OfficalE 5]

56 minutes ago, OfficialEJF said:

Wait and see meaning filing the I-290B, waiting for the outcome on that, and then filing the I-751 if needed. I argue we should file both at the same time (I don't need her to file the I-751 as I did that by myself in the past). The I-290B does not restore my status if it gets denied. It might prevent an NTA (which is 50/50) but it does not necessarily restore status unless it is granted. 

 

Her reservation with filing a fresh I-751 is that I am past the 90 day deadline since I am still filling with my spouse, and I would need to show good cause and extenuating circumstances so convincing an officer might be difficult. 

Also wanted to add, the the reason stated for the N-400 denial was NOT because the I-751 was denied. It was denied because "On XXX date, you were requested to appear for an initial interview on your naturalization application to determine your eligibility for naturalization, but did not appear as requested", clearly stated in the N-400 denial letter. In the failure to attend notice posted on my I-751 case, while it does state the I-751 Petitions to Remove Conditions case at the top of the notice, it stated in the body that "You were scheduled to appear for an interview on your Application for Naturalization on XXX Date. Our records indicate you failed to appear for this interview." So CIS seems to be treating this as a naturalization interview, AND stating that I did not attend, while previously communicating to that my naturalization interview had/has been rescheduled. It's so very confusing. I don't wish this on my worst enemy.

Edited 16 hours ago by OfficialEJF

[W199 521]

When is the rescheduled N-400? Did it already pass? Did you try to go to it and explain? Or did they not even let you in the door? 

[OfficalE 5]

So that's another thing, they've sent me a denial for the N-400 BUT the case in MYUSCIS still says pending, unlike the I-751 which clearly states CLOSED, and I have not received a new date yet. I keep checking to see if I will receive one but, since they sent a denial letter for the N-400, idk if any more updates will be made to the N-400 case. A user on Reddit stated that when he rescheduled his, he got a DEscheduling notice on both his cases, something I did not receive. So it looks like they put in and accepted the rescheduling request, but did not not DEschedule the original interview, so the adjudicating officer ultimately determined I did not show up to my original interview. 

 

My lawyer wants to file an N-336 case for the N-400 within the 30 day deadline. Can't believe I am about to spend close to $10K for this. 

Edited 15 hours ago by OfficalE

[Rekyrts 156]

4 hours ago, OfficalE said:

So that's another thing, they've sent me a denial for the N-400 BUT the case in MYUSCIS still says pending, unlike the I-751 which clearly states CLOSED, and I have not received a new date yet. I keep checking to see if I will receive one but, since they sent a denial letter for the N-400, idk if any more updates will be made to the N-400 case. A user on Reddit stated that when he rescheduled his, he got a DEscheduling notice on both his cases, something I did not receive. So it looks like they put in and accepted the rescheduling request, but did not not DEschedule the original interview, so the adjudicating officer ultimately determined I did not show up to my original interview. 

 

My lawyer wants to file an N-336 case for the N-400 within the 30 day deadline. Can't believe I am about to spend close to $10K for this. 

Could be a letter sent in error. We have seen that happen before. Not saying that's what it is for sure, but definitely not unheard of.

Question, is your attorney look to charge you a la carte for the appeals?