My wife doesn't know if she passed her citizenship test.

[Rocio0010 5,579]

2 minutes ago, IandI100 said:

What legal basis would the uscis have if multiple agents can be wrong or dont know and the website also not give out correct information on a case status?? I agree that any one or organization can be wrong but what you are saying in my case is that ALL of the online notifications and emails and all the officers I have talked to are wrong.  

 

 

I wish you watched Jim Hacking show. You -again- would be surprised to see how many cases are all jacked up because of mistakes that officers make. And ultimately, it does not really matter what the online notifications and emails and officers say, what matters is the result the FOIA has given to you, and that is that the 751 was denied on May 2021. You might fight it, you might think it's unfair, but their decision is on paper. It is there. 

Now imagine, if they give you such a hassle for you to get a definite answer about your denial, try appealing and see... I know Family has told you to file for an appeal, but to me, from what I have seen both here and with Hacking, appealing is not only a waste of money, time and energy, but can also jack up the case even further. But that's just what I would (or wouldn't) do.

[IandI100 31]

1 hour ago, Rocio0010 said:

I wish you watched Jim Hacking show. You -again- would be surprised to see how many cases are all jacked up because of mistakes that officers make. And ultimately, it does not really matter what the online notifications and emails and officers say, what matters is the result the FOIA has given to you, and that is that the 751 was denied on May 2021. You might fight it, you might think it's unfair, but their decision is on paper. It is there. 

Now imagine, if they give you such a hassle for you to get a definite answer about your denial, try appealing and see... I know Family has told you to file for an appeal, but to me, from what I have seen both here and with Hacking, appealing is not only a waste of money, time and energy, but can also jack up the case even further. But that's just what I would (or wouldn't) do.

Refiling the i751 isn't a problem at all.  What if the i751 gets rescheduled and approved and their is both a denial and approval in the system at the same time? This is possible if nobody at the uscis can know about the denial lol

[OldUser 6,623]

13 minutes ago, IandI100 said:

Refiling the i751 isn't a problem at all.  What if the i751 gets rescheduled and approved and their is both a denial and approval in the system at the same time? This is possible if nobody at the uscis can know about the denial lol

FOIA should be the ultimate source of truth. If it's says denied it's denied.

If new case is approved it takes the precedence. Especially if you mention it in N-400 application. 

[Rocio0010 5,579]

20 minutes ago, IandI100 said:

Refiling the i751 isn't a problem at all.  What if the i751 gets rescheduled and approved and their is both a denial and approval in the system at the same time? This is possible if nobody at the uscis can know about the denial lol

The decision in the FOUA takes precedence. 
File a new, fresh 751 with updated evidence. Include a cover letter with a very detailed timeline of the facts.

[IandI100 31]

2 hours ago, Rocio0010 said:

The decision in the FOUA takes precedence. 
File a new, fresh 751 with updated evidence. Include a cover letter with a very detailed timeline of the facts.

I have no problem with refiling. What are your explanations as to why no officer both tiers can see a closed case, both tier officers have said that its in reschedule phase. One of the tier 1 stated that the case was in process of de ial but was put on hold and  reactivated because of the service request for a reschedule. All of them have said that the i751 is still active and pending.  They are starting to ask me why I am calling so often and telling me that if it's officially denied it would notify me on the website.....just like the n400 did. 

[OldUser 6,623]

2 minutes ago, IandI100 said:

They are starting to ask me why I am calling so often

They just don't care and want to get you off the phone. The safest thing for them to say is "wait a little longer", than opening pandora's box and providing answers leading to more questions from your end. Do you record their names and badge numbers for the future reference? Tier 1 officers cannot see anything other than online status. Your online status is probably out of date and they're relying on it to answer your question about case status...

[IandI100 31]

20 minutes ago, OldUser said:

They just don't care and want to get you off the phone. The safest thing for them to say is "wait a little longer", than opening pandora's box and providing answers leading to more questions from your end. Do you record their names and badge numbers for the future reference? Tier 1 officers cannot see anything other than online status. Your online status is probably out of date and they're relying on it to answer your question about case status...

So uscis officers both tier 2 and 1 lie to immigrants and the online uscis also means nothing.

[Rocio0010 5,579]

31 minutes ago, IandI100 said:

What are your explanations as to why no officer both tiers can see a closed case, both tier officers have said that its in reschedule phase

Again, the right hand doesn’t know what the left hand does. There might be an interface or some sort of software that doesn’t allow them to see what’s on your case. 

 

34 minutes ago, IandI100 said:

One of the tier 1 stated that the case was in process of de ial but was put on hold and  reactivated because of the service request for a reschedule.

Tier 1 officers can’t see much. 

 

34 minutes ago, IandI100 said:

All of them have said that the i751 is still active and pending. 

Then why is it not active in your FOIA? Did you ask them why it is denied?

 

35 minutes ago, IandI100 said:

All of them have said that the i751 is still active and pending.  They are starting to ask me why I am calling so often and telling me that if it's officially denied it would notify me on the website

A) they wanted to get off the phone

B) Yeah… notify you after a year and a half? That’s BS.

 

Hopefully you’re recording the name and badge numbers of the officers you’re talking to. You’ll need them either for the refile or the appeal

[OldUser 6,623]

9 minutes ago, IandI100 said:

So uscis officers both tier 2 and 1 lie to immigrants and the online uscis also means nothing.

They're not there to help you immigrate / naturalize, quite the opposite. From what I gauged, so far the USCIS could not explain why you never received your I-751 interview invitation letter. Why are you surprised they cannot tell you the up to date status or explain descrepancy between online status and FOIA result? 

 

Please keep us updated on how it goes.

Edited December 3, 2022 by OldUser

[IandI100 31]

3 hours ago, OldUser said:

They're not there to help you immigrate / naturalize, quite the opposite. From what I gauged, so far the USCIS could not explain why you never received your I-751 interview invitation letter. Why are you surprised they cannot tell you the up to date status or explain descrepancy between online status and FOIA result? 

 

Please keep us updated on how it goes.

If they are giving out wrong Information to applicants or withholding then what legal basis would they have in any legal proceedings??  Yes their is a stamp on the i751 as revealed from the foia, however getting a stamp is only a part of the process of a denial. Why it never got officially denied in any public records I do not know.  I have sent another foia asking for copies of interview requests and denial letters sent if any. We will see what they send.  

[Family 3,988]

Here’s an example of a late filed appeal ( I-290 B)which had no chance in hell cause it was beyond the allotted 33 days,  for a lack of notice and missed interview date on an adjustment case…

.that worked because an agency took it upon themselves ( sue sponte) to correct a wrong..,

 

OP, Hoping you get encouraged and keep up your efforts…

 

https://www.uscis.gov/sites/default/files/err/L1 - Legalization Application for Temporary Resident Status/Decisions_Issued_in_2013/SEP202013_01L1245.pdf

[OldUser 6,623]

@Family I hope the appeal would work for @IandI100. I really appreciate @IandI100's openness and willingness to share the experience with the rest of the folks here. It's very valuable and educational to most of us.

 

It's the stories like this are a bit scary. Quick timeline from that page:

 

N-400 filed in July 2018

N-400 denied in December 2019

N-336 filed in December 2019 or January 2020.

N-336 hearing in November 2020

RFE in July 2021

Naturalized September 2022

 

Sure, maybe it's an edge case and due to pandemic etc. etc.

 

The worst part is that:

 

"

Q: if an N-400 is denied based on an I-751 denial, can both decisions be addressed during an N-336 (Request for a Hearing on a Decision in Naturalization Proceedings Form) hearing?

USCIS Response: Due to the nature of USCIS processing, all applications, petitions, and requests are handled on a case-by-case basis."

 

From here https://www.dhs.gov/publication/follow-questions-and-answers-uscis-processing-concurrently-pending-forms-n-400-and-forms

 

My understanding is that USCIS can play a fool, get N-336 done and come to conclusion N-400 cannot be adjudicated due to I-751 that was denied. Please correct me if I'm wrong or missing something.

 

At that point the OP already waited all these months for a reply that they need to resubmit I-751.

 

Did FOIA show AR-11? Does it normally include it? Or USCIS would say "we never received it"? Is there proof it was sent?

 

All the best to @IandI100,  I hope your appeal will work out despite my scepticism (I am an old grumpy user after all)

 

 

 

 

[OldUser 6,623]

13 minutes ago, OldUser said:

 

Did FOIA show AR-11? Does it normally include it? Or USCIS would say "we never received it"? Is there proof it was sent?

Re-read the thread, it looks like you have evidence of AR-11. Ignore me on this one.

Edited December 3, 2022 by OldUser

[IandI100 31]

10 hours ago, Family said:

[removed - Terms of Service

Yeah, to say that some may mess up is logical the idea that ALL of them tier 1 and 2 and the online notification system can all be wrong is not logical and very highly unlikely.

 

My guess is the the stamp on the i751 form is only a Part of the denial process due to no interview but not denied in any public way or official way.  The n400 was denied properly hence the immediate notification of denial on the uscis website.   

Tier 1 said at one point that their is no way it can be denied and both the petitioner and the uscis officers not be able to see it publicly.

 

Keep in mind: the foia request only sent a copy of the i751 we filed with the denial stamp, no denial letter.

Edited December 3, 2022 by TBoneTX
quoted post removed - Terms of Service

[TBoneTX 45,262]

One post has been removed because of unnecessary needling, and another has been edited to remove a quote of that post.

 

Participants are to knock off the conspiracy theories here, immediately and permanently.

 

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