Notice of Motion to Reopen - Intent to Deny N-400

[Alexmat1 9]

Hello All, 

I had applied for N-400 and went through interview and got approved. I was then scheduled to appear for Oath in August 2022, and I couldnt attend as I was hospitalized and undergoing evaluations, so I send a letter to USCIS field office with doctors notes,reports explaining why I couldnt attend. I also called USCIS customer service and they noted the details. 

I got a letter from USCIS saying they never received a letter and was rescheduling me to December 2022. I was going to be outside US from January till April of 2023 so that I can take care of closing accounts and moving property etc for which I still have to remain citizen of my current county of citizenship (Once I take Oath, I immediately lose the citizenship of the other country and it takes months to process a visa to travel plus closing and moving property etc would become a hassle as I am no more a citizen of that country). Thus I send a letter in early December explaining all this, with copy of my airplane tickets and return ticket and send it in certified mail. 

 

My friend who was monitoring my mails in US said I received a letter in post (on Apr 15 2023) from USCIS with the heading "Notice of Motion to Reopen". It says I didnt attend oath both times and neither did I submit any correspondence to USCIS expaling why I was unable to appear on scheduled dates. Thus this creates presumption that I am no longer having an intent to become US citizen. This motion by USCIS is to reopen the decision approving my N-400, with an intent to deny the application. 

They asked me to respond in15 days if I wish to purse naturalization. If I dont respond, USCIS will deny my application as per 8 CFR 335.5.

I am still in my home country outside US. The process here is taking much longer and I wont be returning until July end. My friend in US can respond to USCIS on my behalf if I send him what should be response.

I have the following queries:

 

1) Can I still save my Citizenship and if so what response do I send them - I intend to include the previous responses I sent to USCIS with USPS tracking to show that I had communicated of my request to change oath date. Can I tell them I would need time till July when I am back in the country ? Or do I have to immediately fly back (which will jeopardize the work I am trying to get completed in my home country)

 

2) Can I have my friend go to USCIS field office (Infopass appointment) and explain this in person on my behalf

I called up customer service but it wasnt very helpful.

 

3) I did some googling and came across this :  https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-5

It says "USCIS considers multiple failures to appear to be equivalent to receipt of derogatory information after the approval of a naturalization application.. USCIS must not schedule an applicant for the administration of the Oath of Allegiance if USCIS receives or identifies disqualifying derogatory information. USCIS must not administer the Oath of Allegiance to the applicant until the matter is resolved favorably" 

Does it mean this motion (even if they go ahead with that despite my response to this letter) will remove me from current list of oath takers but my application will not be thrown away and they will wait till the matter is resolved ? 

 

4) Or does it mean this motion will terminate my US citizenship application and I will have to reapply from the beginning. In which case, does this denial create an prejudice for future applications ? 

 

5) Does this require me to involve an attorney now ? 

 

I only have 15 days which is April 30th to reply by. I will be much obliged for your helpful advices. 

[Boiler 45,488]

Appears all this worked out to your benefit 

 

I would be concerned about how long you will be away and if you will breach the 6 month mark

 

Maybe just easier to file anew when you are ready

[W199 333]

1 hour ago, Alexmat1 said:

Hello All, 

I had applied for N-400 and went through interview and got approved. I was then scheduled to appear for Oath in August 2022, and I couldnt attend as I was hospitalized and undergoing evaluations, so I send a letter to USCIS field office with doctors notes,reports explaining why I couldnt attend. I also called USCIS customer service and they noted the details. 

I got a letter from USCIS saying they never received a letter and was rescheduling me to December 2022. I was going to be outside US from January till April of 2023 so that I can take care of closing accounts and moving property etc for which I still have to remain citizen of my current county of citizenship (Once I take Oath, I immediately lose the citizenship of the other country and it takes months to process a visa to travel plus closing and moving property etc would become a hassle as I am no more a citizen of that country). Thus I send a letter in early December explaining all this, with copy of my airplane tickets and return ticket and send it in certified mail. 

 

My friend who was monitoring my mails in US said I received a letter in post (on Apr 15 2023) from USCIS with the heading "Notice of Motion to Reopen". It says I didnt attend oath both times and neither did I submit any correspondence to USCIS expaling why I was unable to appear on scheduled dates. Thus this creates presumption that I am no longer having an intent to become US citizen. This motion by USCIS is to reopen the decision approving my N-400, with an intent to deny the application. 

They asked me to respond in15 days if I wish to purse naturalization. If I dont respond, USCIS will deny my application as per 8 CFR 335.5.

I am still in my home country outside US. The process here is taking much longer and I wont be returning until July end. My friend in US can respond to USCIS on my behalf if I send him what should be response.

I have the following queries:

 

1) Can I still save my Citizenship and if so what response do I send them - I intend to include the previous responses I sent to USCIS with USPS tracking to show that I had communicated of my request to change oath date. Can I tell them I would need time till July when I am back in the country ? Or do I have to immediately fly back (which will jeopardize the work I am trying to get completed in my home country)

 

2) Can I have my friend go to USCIS field office (Infopass appointment) and explain this in person on my behalf

I called up customer service but it wasnt very helpful.

 

3) I did some googling and came across this :  https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-5

It says "USCIS considers multiple failures to appear to be equivalent to receipt of derogatory information after the approval of a naturalization application.. USCIS must not schedule an applicant for the administration of the Oath of Allegiance if USCIS receives or identifies disqualifying derogatory information. USCIS must not administer the Oath of Allegiance to the applicant until the matter is resolved favorably" 

Does it mean this motion (even if they go ahead with that despite my response to this letter) will remove me from current list of oath takers but my application will not be thrown away and they will wait till the matter is resolved ? 

 

4) Or does it mean this motion will terminate my US citizenship application and I will have to reapply from the beginning. In which case, does this denial create an prejudice for future applications ? 

 

5) Does this require me to involve an attorney now ? 

 

I only have 15 days which is April 30th to reply by. I will be much obliged for your helpful advices. 

It seems pretty straightforward what you need to do now, e.g. reply to the NOID with the explanation and proof that you mentioned above.

 

But given that your past attempts, for whatever reason, have been unsuccessful, and your citizenship is at stake, it seems prudent to find a competent immigration lawyer, key is competent, and let him help you reply,