Problems with USCIS & citizenship - help please!

[geowrian 22,338]

44 minutes ago, husker3in4 said:

It appears they really didnt review anything, otherwise it would have been halted at the time they got the application. ONE person, looking at the form and looking at the included documents would have seen that.

They did review more than just that one item. Or one form. Or one packet. They also looked at her entire immigration history, background checks, etc. Just because they could have caught it sooner doesn't change that it was filed while she was ineligible.

What exactly should they or shouldn't they check before accepting the fee? They just check that the form was complete with all required information to make a decision supplied.

 

Quote

Can you imagine going for an dental crown and being required to pay $700 up front which most medical business require payment up front before service. Once they have your money, you are in the dentist chair and someone comes in to tell you "sorry, I know your tooth hurts, but you dont really need a crown. And, we are going to keep your $700 because we had to check over your papers etc".

Its really the same thing, and its not right.

If I showed up at a dentist's office and told them I would pay them $700 up-front to take care of my teeth purely because I thought I needed a crown, I would blame myself for giving them the money without taking proper steps beforehand (like getting an oral examination first).

Anyway, the example isn't very relevant to this situation as you are paying for them to provide the materials and labor for a crown. If they didn't provide it then you wouldn't pay for that work (but it is reasonable to expect a cancellation fee to be assessed). There is an expectation of a result of having a crown at the end of the process as you are contracting for the services of installing one. The difference here is the fee provided for an N-400 is for USCIS to determine eligibility and adjudicate the application. There's no guarantee of a result.

 

Many private businesses and other government agencies work the same way.

Ever take a certification examination? You pay to take the test, not to ensure that you pass. If I don't pass, it's because I made a mistake. I move on, learn from it, and try again when I'm ready. Even if I signup for the wrong exam, I don't expect to get a refund because they didn't catch that I signed up for the wrong exam but took it anyway.

Ever apply for various professional licenses? You pay for them to look at your application and determine eligibility, not a guarantee of getting the license. For example, I could apply right now for an RN license. I'd be denied as I am not qualified for it, but they would still take my money to determine that I was not qualified. It's not their fault that I never took a nursing course in my life and applied anyway.

 

Edit: It could be much worse. Know what happens when you apply for a tourist visa in some countries? You pay $160 just to show up and be told you don't qualify...with no way to verify if you would be approved or not beforehand (well...you could know about a refusal in some cases, but never an approval until after you pay and interview).

Edited February 8, 2018 by geowrian

[husker3in4 0]

I can see its not worth arguing the point here, feels like talking to a brick wall.

 

I appreciate all of your comments regarding the eligibility (3 yrs, 5 yrs, married before etc). The waiting for 3 months before denying and keeping the large required fee when the denial should have happened upon receiving the application (hence, reviewing the documents) is what i have a problem with. Sounds being required to mail $700 to get a drivers license, but when you show up they tell you aren't old enough, and keep your money.

 

Of course, if someone answered the phone at the field office, or at least had a cleared off voice mail that I could leave a message on, it wouldn't seem so fraudulent, which it does.

 

 

[geowrian 22,338]

I've been told some good advice many times in my life: If you find yourself in a hole, stop digging.

 

There's absolutely nothing wrong with realizing a mistake and going "Oh #######! I misunderstood what was meant." Instead, it's...

"It should have been described more clearly on the form." versus "I missed the related documents, didn't properly research it, and didn't ask first."

"They should have caught my mistake beforehand" versus "I shouldn't have made the mistake, learned from it and paid the consequences, and will try to avoid similar mistakes in the future."

 

Please don't misunderstand me...I truly harbor no ill will towards you or her. But when it comes to immigration, details matter and you need to both do your research first as well as have personal responsibility for any results. Pointing fingers at USCIS will never end well unless you can prove that they violated law or policies. What any individual believes they should do won't change the results. In this case, the mistake only results in a little bit of time and some money. For other immigration processes, mistakes can result in something far more substantial.

 

Best wishes.

[MiraW 58]

The accepting person and the IO reviewing your case are basically two total strangers to each other. The first person and the second or the third person probably didn't have the clearance to review your case files in depth anyway.

They received the application, made sure it's completed and signed, and scheduled your bio and then later on interview. These people are most likely "case assistants" who do not have the authority to look into the applicant's history.

I think we all understand how frustrated you feel, and mistakes and accidents happen, but in this case it's hardly their fault. 

[Tilia 75]

3 hours ago, husker3in4 said:

It appears they really didnt review anything, otherwise it would have been halted at the time they got the application. ONE person, looking at the form and looking at the included documents would have seen that.

 

 

 And they would have charged you the fee for looking at the said application.

[gregcrs2 1,778]

OP, as you stated from the beginning of the post "I urged her to become a US citizen as soon as possible".  Well, this is what happens when you try to rush into things without doing proper due diligence and research.  Stop trying to blame USCIS for your own failure.   Consider the money lost as spilt milk.   Learn from this experience.

[Ontarkie 14,535]

~~Thread locked to further discussion. There is no need to be attacking the OP. A number of posts have been removed.~~