Why Was My Interview Canceled?

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Why was my interview canceled? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri. I just was coming over to shoot some videos, and I went over to my mailbox and I got this notice. And I have to tell you I’m not too happy about this notice. This notice is for one of my clients, I was supposed to go to San Jose, California next week for a N336 hearing on a decision in naturalization proceedings. My client had been denied, we believe wrongfully for naturalization, and he filed a timely N336 which is the way that you file an administrative appeal to your denied N400. We have prepared the file. We have prepared the client. We are ready to go for the interview. We have all of our documents in order. We were ready to go. I have my flight, got my hotel. I was all set to go to California next week.

And this is the notice that we got. “This is to advise you that due to unforeseen circumstances, we have had to cancel the previously scheduled interview on Monday, November 9th, 2020 at 12:15 PM for the above applicant. We regret any inconvenience this may cause. We will advise you of any further action taken on this case, including any rescheduled interview appointment information under separate notice. If you have any questions, call the 1-800 number.” So I haven’t even talked to my client yet. I don’t know if he received it or not. He probably didn’t because he’s always texting me 24/7, that guy. I love him a lot, he’s a good guy and I’m looking forward to his case getting approved. But man, he likes to text me. Anyway, he’s not going to be happy about this and I’m not either.

And that whole unforeseen circumstances is what I want to talk about in today’s video. Unforeseen circumstances. That’s such a broad, mean nothing statement. What I mean? It’s that it just doesn’t say anything. They don’t tell you why. They don’t tell you why your case has been delayed again. They don’t tell you why they have postponed the hearing. Now, I think in a lot of ways, that’s just a form letter and it’s just them click, click, click in a box and they canceled the interview. A lot of times I think this is because they want to dig in more deeply. Maybe it’s a good sign that this is an N336. Maybe they’re reexamining their prior denial. But I think that generally, when they say that the case has been denied for unforeseen circumstances, that means there’s something in the file that they want to dig into more deeply.

I’m not saying that it’s always a bad sign when you get a notice that says due to unforeseen circumstances, your appointment has been rescheduled. And I will say one thing, I am grateful that they let me know ahead of time. It would have been a real bummer for me to fly all the way to San Jose, for my client to pay for me to fly all the way to San Jose, and then to have the hearing canceled at the last minute. That happened earlier this year on a green card interview that I had in Long Island, New York. And that’s a real bummer because you get everybody’s hopes up, you get all ready for bear, you get ready to fight. And then all of a sudden they just pull the wool out from underneath you. So it looks like I won’t be going to San Jose. I’m sure my client won’t be happy and we’ll just live to fight another day.

I don’t suppose that we’ll find out why that happened. This particular client is from a country that this happens a lot too. So certain Middle Eastern countries and other countries, this happens a fair amount of time. And I don’t think you can read too much into it. I don’t think it’s necessarily a good thing, but I also don’t think that you can just say automatically that, oh, this means my case is in trouble. I don’t think that’s the case either. I think you just have to sort of be balanced about it, accept the things you cannot change. The hearing has been moved and we’ll just deal with it when it gets rescheduled. So in fact, let’s see. This N336, we filed it. Oh, it doesn’t say when we filed it, but I think we filed it in the summer. So it actually, I think if I remember correctly, it got scheduled for interview relatively quickly. They’re supposed to adjudicate an N336 within 180 days, but they never do. So I actually ended up having to sue.

This is how I came into contact with this client. I sued for him to get his naturalization and we might have to sue again to get this decision on the N336. We’ll see what he wants to do, but of course it hasn’t been pending a year yet so hopefully we won’t have to do that. If you have questions about this, about unforeseen circumstances, give us a call at (314) 961-8200. You can email us at info@hackinglawpractice.com. Be sure to join us in our Facebook group, which is called Immigrant Home. And if you liked this video, we ask that you please share it out on social and that you subscribe to our YouTube channel so that you get updates whenever we make videos, just like this one. Thanks a lot. Have a great day.

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