cappedup

I made a mistake.

November 2022 I chose to attempt to reschedule my N400 interview, as I had a very expensive vacation booked for the same date, January 2023. That was the mistake, following the advice of the USCIS phone line when I enquired of the best course of action. I followed the procedure to reschedule correctly, but…

The time came and went for my original interview and I got a notice that I failed to attend, and they ‘administratively closed the case.’

Since then I have been attempting to just get the case reopened, not even thinking of rescheduling yet.

The live assistant, and later a second tier call has confirmed that my application to reopen the case has reached the New York field office. But I can get no further information.

To further complicate matters, I currently have an I-551 stamp to serve as a stolen GC. This is due to expire around May 2024.

1. Is the timescale for my N400 case to reopen acceptable as things stand? Should I be worried about that yet?

2. Should I repeat my infopass/I-551 when the time comes to renew that stamp, or a different course of action, like just apply for a new GC?

Thanks.

Jerseygirl

I got the dates mixed up for my interview/oath ceremony (both on the same day). Fortunately I realized that evening and called the next morning. I was told I was lucky as the file hadn’t been closed. I was told once it’s closed…it’s closed.

cappedup

Oh boy. It’s obviously always painful dealing with USCIS but thats the feeling I get whenever I contact them. There doesn't seem to be much- ‘we are considering your application to reopen the case’. It’s more ‘you’re trying to do what? We see no record of this. You didnt attend the interview.’

My online case status thing has the last event as ‘failure to show - case closed.’

After lots of digging, then they see my application to reopen, and say its with the Field Office.

Is there any route to actually speaking with the NY Field Office?

Jerseygirl

I don’t know, sorry. I was told that failure to attend, results in the file being immediately closed and as such cannot be reopened. I was lucky my appointment was late in the day and I called first thing the next morning.
‘
good luck.

S Folinsky

Terminology is important. Closed or denied? They are different. Reopening is a legal term of art.

You might want to consider a federal lawsuit for “writ in the nature of mandamus” or “review of denial.” In appropriate cases, these are pretty neat. The nature of the beast is that the AUSA’s really do not like going before a District Court Judge to justify the unjustifiable. (Federal Judges outrank God).

cappedup

Ah Mr Folinsky. You helped me greatly when I was starting out with all this over 12 years ago. So pleased to see you still helping folks out. Kudos to you sir.

Definitely closed, not denied. Closed because I failed to attend the interview. I had earlier received paper confirmations of my intention to reschedule, applied correctly etc, I was just waiting for the rescheduled date, when the notice came that the case was closed.

So the error is on their part.

The system doesn't seem to do well when there is an error. The best I can learn is that the case has been sent to the NYC field office. But there seems to be no contact for that office to check the status.

My online status checker thing just says case closed. That wont acknowledge my application to reopen it.

Considering that the case is currently closed, not denied, what would your next steps be, in my shoes?

Noorah101

I'm not Mr. F, but my advice would be to get an immigration lawyer involved. They have inside sources not available to the general public.

Rene

S Folinsky

Those inside sources are often open to the public, but knowledge of how to do it is not generally known.

Also, a lawyer can sue the bastards, so to speak. If appropriate, a mandamus suit can work wonders.

cappedup

So, I hired a lawyer to help me. Thier suggested path is a letter from them requesting reopening of the case (they say ‘administratively closed’ cases have been reopened, in their experience), if that gets no response in 60 days to simply apply again using the N400.

I’m happy with this route, which potentially avoids an expensive ‘writ’.

Anyone experience of applying for the same thing twice? Remember in USCIS’s mind the case is closed. I’d simply be reapplying for the same thing.

LT1

How much is it costing for the lawyer?

I can't help thinking it'll be cheaper and easier just to do a new N-400?!

cappedup

The lawyer is the price of one phone consultation and sending a letter to try to move forwards the reopening of the case.

If that doesn’t work, I’ll go solo and reapply like I did in late 2022.

So, $500.