I-751/N-400 DENIED despite rescheduling Interview

[OldUser 10,882]

17 minutes ago, mindthegap said:

 

Well yes, thats exactly it.

I'll give you an example, of the many I have: my second to last denial, I had an N400 filed, and an interview scheduled. As per policy, they are supposed to interview and adjudicate any pending I-751 together at the same time, as a 'combo' interview.

Hi do you happen to have a link to where it says it in policy? Asking so I can share with others with both cases pending

[mindthegap 2,689]

39 minutes ago, OldUser said:

Hi do you happen to have a link to where it says it in policy? Asking so I can share with others with both cases pending

 

Somewhere in my millions of pages of documents.

Edit - Here is an example:

Policy Manual Vol 6, part 1, chapter 3

https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-3

 

E. CPRs with Pending Naturalization Applications

Because of differences in processing times between the Form I-751 and the Application for Naturalization (Form N-400) and because CPRs are eligible to apply for naturalization (if otherwise eligible),[38] there may be instances when a CPR applies for naturalization while the CPR’s Form I-751 is still pending. If the CPR has a pending Form N-400, USCIS adjudicates the Form I-751 before or at the same time as the Form N-400.

In most cases, CPRs must have an approved Form I-751 before USCIS may naturalize them. However, there are limited circumstances in which the CPR is not required to file a Form I-751 before naturalizing.[39]

 

 

Edited yesterday at 06:45 PM by mindthegap

[OldUser 10,882]

1 hour ago, mindthegap said:

 

Somewhere in my millions of pages of documents.

Edit - Here is an example:

Policy Manual Vol 6, part 1, chapter 3

https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-3

 

E. CPRs with Pending Naturalization Applications

Because of differences in processing times between the Form I-751 and the Application for Naturalization (Form N-400) and because CPRs are eligible to apply for naturalization (if otherwise eligible),[38] there may be instances when a CPR applies for naturalization while the CPR’s Form I-751 is still pending. If the CPR has a pending Form N-400, USCIS adjudicates the Form I-751 before or at the same time as the Form N-400.

In most cases, CPRs must have an approved Form I-751 before USCIS may naturalize them. However, there are limited circumstances in which the CPR is not required to file a Form I-751 before naturalizing.[39]

 

 

So "before or" ensures they are within their right to adjudicate ROC before N-400 interview, like in your case. Not saying this is morally right or that they don't violate other things... But this particular bit seems to be giving them the discretion.

[mindthegap 2,689]

2 hours ago, OldUser said:

So "before or" ensures they are within their right to adjudicate ROC before N-400 interview, like in your case. Not saying this is morally right or that they don't violate other things... But this particular bit seems to be giving them the discretion.

 

Yeah, but (setting aside me, but in the case for others) if you take into account the usual timescales for an I-751, and it should be way longer than an N-400, so an N-400 interview being scheduled, should usually result in a combo interview, as they don't delay N-400s for the I-751. There is another document I have - somewhere - clarifying this specifically in procedure form. 

 

Back to me, and for various, multiple, reasons - as per other things in their policy manual - they were required to give me 1) an interview, and 2) an opportunity to rebut derogatory information, so that interview scheduled for me should have been a combo. They should never have denied me without an interview....but that hasn't stopped them multiple times before, so why would they not. They simply do not care and are accountable to no-one. 

 

Honestly, in the grand scheme of things that have gone wrong it not being a combo interview it's so minor as to be insignificant. However, the other violations of their own policy they will - eventually - have to answer for. 

Edited yesterday at 10:08 PM by mindthegap

[OldUser 10,882]

1 hour ago, mindthegap said:

 

Yeah, but (setting aside me, but in the case for others) if you take into account the usual timescales for an I-751, and it should be way longer than an N-400, so an N-400 interview being scheduled, should usually result in a combo interview, as they don't delay N-400s for the I-751. There is another document I have - somewhere - clarifying this specifically in procedure form. 

 

Back to me, and for various, multiple, reasons - as per other things in their policy manual - they were required to give me 1) an interview, and 2) an opportunity to rebut derogatory information, so that interview scheduled for me should have been a combo. They should never have denied me without an interview....but that hasn't stopped them multiple times before, so why would they not. They simply do not care and are accountable to no-one. 

 

Honestly, in the grand scheme of things that have gone wrong it not being a combo interview it's so minor as to be insignificant. However, the other violations of their own policy they will - eventually - have to answer for. 

With all the respect to you and my sincere sympathy (it's a difficult and scary case, don't wish this to anybody), I don't think USCIS is actually required to interview anybody for I-751. For N-400 - yes, but not for I-751. And I may be wrong, I'm not aware of them being required to have an interview to hear your point. It may be to your advantage to actually have everything written down VS having a verbal interview (though again, it could be recorded too). I just don't think the solution lies in interview itself, if it's won it's either going to be on paper with USCIS or in court in my humble and maybe wrong opinion.

[W199 523]

What was the nature of the derogatory info that they denied your I-751 on? Was it related to a divorce?

[mindthegap 2,689]

15 hours ago, OldUser said:

With all the respect to you and my sincere sympathy (it's a difficult and scary case, don't wish this to anybody), I don't think USCIS is actually required to interview anybody for I-751. 

 

In actual fact it is the opposite.

There is a requirement to interview for I-751, which is why you receive a denial if you no-show for a scheduled interview. Same as the provision requiring both spouses to appear for interview for a joint filing, and a denial coming if the immigrant's spouse doesn't show up for it (unless it is switched to a waiver at that time).

 

However, concurrently, there does exist a provision to waive the interview if certain conditions of the filing/case are met - actually, rather better phrased as if certain conditions don't exist. This is why the majority of people don't receive an interview and are approved without one. 

Unfortunately in my case, some of those aspects do exist - although, ironically, largely through USCIS' actions - so in my case, it shouldn't be waived. 

Anyway, this is hijacking the OPs thread somewhat. Please do keep us updated. 

Edited 8 hours ago by mindthegap

[OfficalE 6]

4 hours ago, mindthegap said:

 

In actual fact it is the opposite.

There is a requirement to interview for I-751, which is why you receive a denial if you no-show for a scheduled interview. Same as the provision requiring both spouses to appear for interview for a joint filing, and a denial coming if the immigrant's spouse doesn't show up for it (unless it is switched to a waiver at that time).

 

However, concurrently, there does exist a provision to waive the interview if certain conditions of the filing/case are met - actually, rather better phrased as if certain conditions don't exist. This is why the majority of people don't receive an interview and are approved without one. 

Unfortunately in my case, some of those aspects do exist - although, ironically, largely through USCIS' actions - so in my case, it shouldn't be waived. 

Anyway, this is hijacking the OPs thread somewhat. Please do keep us updated. 

Haha please feel free to hijack! Your wealth of knowledge is appreciated. Regarding INTERNATIONAL travel, have you traveled under the new administration? Would you suggest I get an I-551 stamp before embarking on travel? The extension extends my status till April 2026. Also, would you recommend I travel with additional documentation? Like the I-290B receipt, and evidence related to the old case (the reschedule letter, my MTR)? 

[OldUser 10,882]

2 hours ago, OfficalE said:

Haha please feel free to hijack! Your wealth of knowledge is appreciated. Regarding INTERNATIONAL travel, have you traveled under the new administration? Would you suggest I get an I-551 stamp before embarking on travel? The extension extends my status till April 2026. Also, would you recommend I travel with additional documentation? Like the I-290B receipt, and evidence related to the old case (the reschedule letter, my MTR)? 

I would not travel with denied I-751 / N-400 unless absolutely necessary.

 

And knowing you may have pain coming back even with the stamp.

Edited 1 hour ago by OldUser

[mindthegap 2,689]

3 hours ago, OfficalE said:

Regarding INTERNATIONAL travel, have you traveled under the new administration? Would you suggest I get an I-551 stamp before embarking on travel? The extension extends my status till April 2026. Also, would you recommend I travel with additional documentation? Like the I-290B receipt, and evidence related to the old case (the reschedule letter, my MTR)? 

 

Yes, multiple times this year, and I was out of the country when I was tagged in this post, hence the delay in response.

You remain a lawful permanent resident, despite the prevailing media and idiot scaremongering that prevails, and nothing whatsoever in law has changed that affects you in your present situation. 

 

 

As you have filed a new I-751, when you receive the new receipt, note that that new receipt extends the validity of your expiry date of your card by 48 months from the card expiry date, and not by 48 months from the receipt date of the extension letter, so the latest your expired card be used with a current I-751 filing receipt for re-entry, will be 48 months from that expiry date.

Check & note down your dates very carefully, and continue to use the new extension letter in conjunction with the expired card for as long as you can. 

 

After that it is stamp city, which comes with the hassle of 1) renewing the stamp every year, which, and I'm not going to lie, is a pain, and 2) a quick visit to secondary every time you re-enter the US to verify, which isn't bad and is efficient, procedural, and cordial. Honestly, even re-entering during the shutdown, the permanent resident line was a fairly grumbly 30 mins to get through, yet secondary was still just 5 mins. I have never waited more than a couple of mins at secondary for verification, usually when a US citizen or a minor is in there, as they get put to the front of the line before permanent residents, and permanent residents get seen before visitors/others. 

 

Given it is just a couple of piece of paper it wouldn't hurt to travel with your I-290B receipts, and your prior receipt and denial letter, given that it does't take much space, but there is no need to produce them really at any time as it'll just confuse things, just stick to the main current I-751 receipt and you are golden. I used to travel with a whole host of prior paperwork, and now I don't, but you do you. 

 

Once you have that refiled I-751 receipt, you are unambiguously in status as long as you have the expired card and new receipt/extension with you. Use that for travel and just eave the I290B to rumble along in the background. 

Edited 19 minutes ago by mindthegap