Jay & Shiela

Summary:  At first, the officer was very happy with how organized I was with my documents and evidence I brought to the interview. A decision cannot yet be made about my application because I did not bring one important "item" to the interview, received an N-14 form - Request for Additional Documents. However I was able to rectify "the missing item" within a couple of hours (with the awesome help of the IO), and revisited the USCIS field office on the same day and met with the same IO, I was recommended for approval. As a bonus, I got my N-445 Notice of Naturalization Oath Ceremony letter!
 
Wow, what a long day......
 
To all VJers,  I cannot emphasize how important it is to be overly prepared than necessary for the interview. Even my wife thought I was bonkers, ha! Since the interview is one of the most important milestones in life (at least in my opinion) and I did not want to repeat the experience of given a CR1 visa refusal 221(g) due to TN overstay (more than 180 days but less than a year) [it WAS my fault] during my interview in Montreal back in 2008. So it is better to be prepared for something that may never happen, than not be prepared for if it does.
 
I had my interview at the Buffalo field office on Thursday morning at 10:45 am (a day after Winter Storm Stella dumped 29 inches in Buffalo), but they all took it like a champ. Similar to what I did during my biometric appointment couple months back, I arrived an hour early after an hour and a half drive, parked my car in the parking garage, ate breakfast at Jake's Cafe, waited a bit in The Westin Buffalo hotel lobby until 10:30 am then walked to the Buffalo field office.
 
Handed in my Interview appointment letter and green card to the security guard, asked me the standard security questions (weapon, liquid, food, knife, or guns) which I didn't have any, and walked through the metal detector portal. Once I was cleared, both letter and GC was given back to me and was told to go to Window 4 (information window) to check myself in. Then sat in the main lobby area. There were about nine families in the room, and I can tell that most of them were going for their citizenship interview since they were reviewing the civics questions from the “Learn about the United States: Quick Civics Lessons for the New Naturalization Test” booklet that we get after the biometric appointment.
 
One by one, an officer would open the door and call out a name, and either the person or a couple would follow the officer through the door near window 1 (opposite side of the lobby of where I had my biometric taken). Then few people came into the main lobby AFTER I came in was starting to meet with the officers and I'm still waiting for my turn. It was 11:20 am by now - 35 minutes past my scheduled appointment. Truth to be told, I was half-expecting this to happen, so I'm just taking all of this in stride.
 
Before I go on, many of you don't know that I am deaf  I can read lip and speak pretty well) and I already mentioned in N-400 Part 3 - Accommodations for Individuals With Disabilities and/or Impairments and marked the checkbox of 1A. "I am deaf or hard of hearing and request the following accommodation:" and entered "American Sign Language interpreter". I had very little expectation of getting one for the interview since I did not call ahead as I was supposed to after receiving my Interview I-797C NOA letter (it says so on the back of the letter of how to request service even if I already indicated in the N400).
 
Back to the story, what comes next was rather interesting.... a tall, elegant blonde lady in a business two-piece yellow dress walked out of the same door the officer was calling names from, carrying a couple of brown manila file folders, found me, promptly sat right next to me and asked me for my name. At that moment, I was thinking "What...am I being interview out here in the main lobby?". I told her my name via signing and verbal at the same time. She wanted to apologize for the delay as she just found out that I was deaf from my application and is in the process of looking for an ASL interpreter for me. I explained that I was pleasantly surprised and appreciated that you were making the effort of retaining an ASL interpreter. If the process is taking too long, I don't want to hold up everybody's schedule today and I'm more than comfortable with going ahead with the citizenship interview without having an interpreter (honestly - in the back of my mind, I just want the whole process to be over done with then and now, ha!). She said great, let's give it a few more minutes, and we'll have one of the officers come out and get you for the interview, with or without an interpreter. And she went back into the interview door. It wasn't until then I realized that everybody in the main lobby was looking at me, wondering what just happened. Oy vey.
 
Few more people came and went. Then by around 12:00 pm, a very friendly IO, looking like Cecily Strong from SNL but with lighter brown hair, came out from an entirely different door, next to the security area walked out to the main lobby,  and gave me an index finger "come here" gesture in a nice way. I followed her through the door, into a hallway and then into her office. Her office is like any other regular office, four drawers file cabinet on one side of the room with U shaped desk, a couple of family pictures on the wall with a cute baby, a printer and scanner on one corner of her desk with a computer on the other corner. She asked me to remain standing, raise my right hand and swear to tell the truth.
 
The IO introduced herself as V.S. (I don't want to divulge her full name on this form for the sake of her privacy) and apologized for the wait and was unable to get an interpreter. Side note - VS maintained a high level of politeness and professionalism throughout, while still being very clear and firm about what she expected me to do during the interview. She asked me if I want to continue with the interview without the interpreter which I responded wholeheartedly yes.
 
Once we got the introduction out of the way, I can see that VS has my N400 in front of her along with all the paperwork related to my green card in one big fat brown manila file. I gave her a copy of my table of content of all the paperwork and evidence I brought so that she knows what I have for the sake of keeping the whole interview simple as possible. She was very happy and noticed that I have an updated travel information (N400 page 7) since I traveled out of USA for more than 24 hours after I submitted the N400 back in December. I already prepared and printed out the revised p7, but she used her red pen and made the changes on the original N400 application and gave my revised p7 back to me. VS reviewed my N400 application page-by-page. Starting at page 1, I noticed she changed my Part 1-1b (LPR with spouse/3 years) to Part 1-1a (LPR 5 years) since I suspected my green card was dated back in 2009 and it would be less work on her part and less paperwork.
 
She asked me questions along the way just to verify everything is in order. She asked me facts like where I worked, the names of my children.  We then moved to Part 12 of the N-400 (i.e., with all the questions about crime, terrorism, and communism). I don't remember every single question she asked, but among other things, she covered communism, failing to file taxes, the Nazi party, hurting/killing others, using a weapon against someone, being a member of a militia, working at a prison or similar place, and crime. Just basically saying repetitive no except for one question.
 
I answered "yes" on the N400 form for:
23. Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason? Yes, I tried to re-enter USA on an expired TN visa which I overstayed for more than 180 days but less than a year.  VS wanted to know why I answered yes, I was able to show her the original I-275 Withdrawal of Application for Admission and gave a bit of a backstory. She was satisfied with the answer and moved on. The the last step was to sign my signature in Part 16 - Signature at Interview and Part 18 - Oath of Allegiance.
 
Then we moved onto the civics test. VS took her time with all the questions, making sure that I understood what she was asking. There were only a couple of times I asked VS to repeat a word.
 
The English test was:
   READ: Which state has the most people?
   WRITE: California has the most people ( I opted to print the answer, not cursive)
 
Then answered the following questions for the Civic test:
What is one right or freedom from the First Amendment? Who is in charge of the executive branch? If the President can no longer serve, who becomes President? There are four amendments to the Constitution about who can vote. Describe one of them. What is one reason colonists came to America? During the Cold War, what was the main concern of the United States?    
I answered all of them correctly. And just when I thought we were done, VS asked me for the missing item: Two. Identical. Passport-Style. Color. Photographs. Arrrghhh….I was in utter disbelief for a second and said that I did not realized that it was necessary to bring the photograph to the interview. Luckily, she said that I was not the only one and is aware the current checklist made no mention of it (other than residing out of USA). Then she pointed out that “There is a Walgreen just up the road that can do passport photos.  If you were to go up now and get the photos, I would be happy to see me again as soon I come back. I will let the security guard know. So for now, I have to mark your application a decision cannot be made, further evidence is needed only until I get the photos.” She gave me Form N-652 - Noticed of Examination Result stated that I passed both English and Civic test however, a decision cannot be made” along with Form N-14- Request for Additional Evidence with the details of passport photo requirements.
 
VS also said “the good news is that once I get the photos, I will be able to give you your oath letter. Is there a specific location you would like to have your oath ceremony?” I already did my research beforehand and picked a local University in Rochester, NY since I know the University would be happy to provide an ASL interpreter for the Oath Ceremony and gave my choice to VS. “No problem! And there’s one coming up in May”.
 
And that was the end of the interview. She escorted me out to the main lobby and I quickly walked to Walgreen (on the same street as the field office but to the north). Took my photos, waited for 20 minutes, paid for it, and quickly walked back to the field office. Went through the whole nine yards with the security for the second time. Then I went up to the Information desk (Window 4), received a Take-a-Number ticket,  sat down in the main lobby, waited for 5 minutes before my number was called up to go up to Window 3 (Window 2 was also manned but Window 1 was unmanned). I gave the Window officer the N-652, N-14, and my passport photos. He told me to sit tight in the main lobby and went out to drop off the paperwork to VS.
 
I waited for 10 minutes but man, that was 10 minutes of FEEL. Seconds felt like minutes, and minutes felt like hours. Talk about up and downs, gee whiz…
 
Suddenly, VS appears in Window 1, giving me the same index finger "come here" gesture as she did the first time. I went over and all I had to do was to sign my name along the FRONT edge of the passport photo with a felt black pen. I did not have to write down my Alien number on the back of the photo. She handed me back the Form N-652, marking “recommended for approval” with her infamous red pen, gave back the N-14 as well. Then all of sudden, I got the Form N-445 Notice of Naturalization Oath Ceremony letter, scheduled for May 8, 2017 at the local University I requested.
 
I thanked her profusely for taking the extra time out of her schedule to meet me for the second time and wished her all the best.  
 
And that was it.
 
All together from the time I drove to the field office and arrived back home, it was an 9 hours journey.  And the main point of the story is bring two passport photos no matter what to your interview!! Thank you all for sharing your experience with me and for reading about my detailed interview experience for the N-400. Hopefully this detailed information will help you.
 
Good luck with your immigration journey!
 

I also applied on 5yrs rule and took folloing documents with me :
1. Interview Appointment Letter
2. Green Card.
3. Social Security Card
4. State Driver's License
3. Passport
4. Two US passport Size Photo
5. Selective Services Registration Card
6. Tax transcript of last four years from IRS
7. Employment Verification Letter from my Employer.
8. I had two traffic tickets and both tickets were dismissed in court hearing.I had Case Dismissal order Letter from Court. ( I had not mentioned about this in N-400 form but I mentioned about it in interview)
7. I had traveled out of US after I had done fingerprinting. I also took copy of my flight Itinerary.
9. Photocopy of all items listed above.
10. Civics question booklet to study while waiting for interview in Immigration office.
These are all Documents I took with me and IO was interested in my Selective Service Registration Card and Court Order. He said he does not need any other documents.
Referring to my court documents and copy Selective Services Registration Card,IO had told me that he is quite impressed with me because I came well prepared. He said that I made his job easy by bringing original and photocopy of these items.
Good luck on your N-400 Journey.

You can get your filing fee back for the 290b if it is determined to be Service Error. Its hard to prove service error and Im not entirely sure there was one in this case.
 
If you moved and updated your address with USCIS and the RFE was sent out to the old address AFTER they had the new address, then thats service error. If you didnt update your address on time and the RFE went to the wrong location- thats your error.
 
But basically you can either pay the fee and send the 290b (along with the info requested in the RFE) OR re-file from scratch. If you pay the fee and submit the motion your EAD/AP will get 'reactivated' while they work on the motion and then remain active once the motion is approved and they resume working on your initial petition.
 
If you abandon the old petition and refile then your current EAD/AP is invalid and you can toss the physical card, because you will be resubmitting an entire packet including EAD/AP petitions and will receive a new card in about 3 months after you file.
 
If you are going to file a motion it is advisable to not leave the US even though you have valid AP documents because if action is taken (a denial) you will be unable to re-enter the US.
 
Also if you are going to resubmit you need to address in the re-submission whatever issue it was that was in the RFE or else its just going to happen again. So you need to get a copy of the RFE. Others have outlined how to do so. You can ask for assistance from a congressperson if you need to. Some are more helpful then others. I dont see how the Obuds office will be needed unless you can not obtain the RFE.
 
So you can pay the 290b fee (and possibly get it back depending on specifics) or pay the entire refiling fee.

Knows how to short circuit the system ..... all should follow him as "the insider" .......extract from his timeline comments .....
 
 
He knows Thanks to Senator Manchin, Our whole case was given Extremly Expedited Processing, as he signed the form acting as my attorney. Once the case reach the NVC the senator explained he could not really help as it had to process here normally, However Once I emailed him again requesting him to look into why it was taking so long. Even though I never got a reply the NVC within 7 days I received a letter stating The U.S. Consulate General indicated they are willing to expedite this petition This NVC has Processed your case and have already forwarded it directly to the consulate. Further Inquiries should be directed to the DoS and the U.S. Embassy. 
Shiela just walked into st. lukes with that letter stating the consolate general expedited it and did her Medical without an appointment. 
 
1 week later she had her interview where the case file was stamped Congressional adjudication, Which was signed by my senator.
 
Also there was something on there that was signed by the Consulate General Approving Expeditious Processing. The Case File was sealed shut and the man only had a sheet of paper with my Info. She was Asked what her husbands birthdate was and then asked the same question again this time the worker said are you sure, she said yes. He said okay your approved. 

Start Here,

      Call the USCIS Speak with a Level 2 Officer. State your dilemma and advise that you just received a denial letter due to abandonment but have not received correspondence other than the Biometrics Appt. Letter and the Denial Letter. Request to know what other correspondence has been sent and to what address it was sent to. Verify the Address it was sent to matches your address and if any was returned undeliverable.

      If you moved, you should have filled out an AR-11 Change of Address Form. If the correspondence they sent you was returned to them undeliverable or return to sender, and you filled out the change of address, ask what that officer can do to assist you. If he is not able to help Request to Speak with a Level 2 Immigration Officer Supervisor, often times they have to arrange to call you back. in any case Explain the situation to him or her and they should be able to point you in the right direction. I would even request that he contact the officer who denied your case If it was an error on the half of the USCIS as it is within the power of a level 2 supervisor to do so.

Here is a Link to the USCIS Website on the Levels of Support and what a L2 Officer and L2 Supervisor Can do to assist. 

https://www.uscis.gov/policymanual/Print/PolicyManual-Volume1-PartA-Chapter3.html

Here is what the Site Says about the level of support a Tier 2 Supervisor can offer. 
The USCIS States:

USCIS Tier 2 supervisor has the ability to contact USCIS field offices, asylum offices, service centers, and the National Benefits Center through designated points of contact to address any issues that require immediate action or direct assistance. When appropriate for the situation, a supervisor may:

•Verify the information provided to the customer by the USCIS officer.

•Directly contact the appropriate USCIS office to determine if any additional options may be available to resolve the caller’s issue (if needed).

•Create a Service Request if the issue cannot be resolved by the NCSC.

•Request that the appropriate office take action to alleviate any unnecessary additional wait times, if the caller’s issue resulted from a USCIS error.
 
If the officer can resolve it great but I would still do the following, just to cover this from every angle. 
ADDITIONALLY,
      When you Speak with a Level 2 Supervisor Make sure they have your correct address on file. 
      Then on top of all of that, I would personally write a letter to the Officer that Denied your case, provided his information is on the denial letter, and send him copies of all proof of address, or address changes since you filed the case. If your address changed include a copy of your AR-11 with that letter. if you have it and plead your case.
      Additionally, send the i290 appeal form with the fee to the USCIS. Include a Copy of the denial letter and a copy of your personal Letter to the officer who denied your case with copies again of proof of your address and/or address change (AR-11) if available. And submit all documents with the appeal required by the USCIS.
     Send all of this as quickly as possible before they file removal proceedings.
     If it was truly the fault of the US Customs and Immigration Services, you can request a refund. Refunds are rare, but if it was truly the fault of the USCIS they do make exceptions here is a link on how to request a refund.   https://my.uscis.gov/helpcenter/article/3049   


 
I do hope this helps, and that everything works out for you. J
 
Regards, 
Jason P. 
 

Once you do all of that or even while your doing it, Get on the phone with your State Senators Office and they will give you a case worker who may be able to resolve it ASAP, Let them know all the steps you have taken. Provide them with the Case Number that was denied and all pertinent information with the steps you are taking and have already taken. And they usually, can get things done!
 
If you dont know how to contact your U.S. senator Here is a website to help you look up their contact information give them a call, if they dont want to help keep calling them until they do. 
 
https://www.senate.gov/senators/contact/

I understand, but since you quoted me it seemed as if you were offering contrary information as opposed to additional.. so just clarifying

The question and my answer was regarding the i-290B fee. Yes, in rare cases you can be refunded for other application fees.