I explained that I filed within 90-days and that my case was processed very fast and end up getting an interview before 5-years. So her asked him if there will be a problem during interview since i will be interviewing before my 5 years. She said No and gave and confirmed that many people have been in this case. Then I asked about oath before 5-year, and she said that is up to the IO in Durham.
Naturalization before 5-year or 3-year anniversary date
- Thread starter fbanna79
- Start date
Friends,
From Y'day I am following this thread on FBANNA's interview for tomorrow. U r k buddy, keep u r mind free from now for tomorrow's interview.
What else we able to do for this kind of situations? all we can do is, gonna present to IO what we have and what we know...
Main thing is, we need to make sure about did all correct thruout the process from the begining from ourside...thanx..
From Y'day I am following this thread on FBANNA's interview for tomorrow. U r k buddy, keep u r mind free from now for tomorrow's interview.
What else we able to do for this kind of situations? all we can do is, gonna present to IO what we have and what we know...
Main thing is, we need to make sure about did all correct thruout the process from the begining from ourside...thanx..
Sounds like you got proper confirmation. If f the IO denies it tomorrow based on residency requirement, demand to talk to their supervisor based on what they told you over the phone.
Nope was on a TN since 1997 and then got married in July of 2003. Green card interview was in Jan of 2004 (My official PR date mid Jan). The rest is correct though. Since my Citizenship interview was at the beginning of Jan it was about a week and a half short of my 3 year official PR date.
And yes they will just tell you that you can't have the oath (if same day oath is available) until after your 3/5 year PR anniversery is up. I got my oath letter 3-4 weeks after my interview (end of Jan) which was now past my 3 year anniversery date.
Definatly nothing to worry about, it's common. Just don't expect to get an immediate same day oath. Instead it'll just be stamped as awaiting approval and that is it...
Residency requirement
Where does it say when the residency requirement have to be met? Is it a rule that the residency requirement should be met on the day of the interview?
USCIS accepted the application because it was filed after the 5 years - 90 days rule. I don't think this grace period was written into the rule with the clear idea that USCIS WILL NOT adjudicate within 90 days. What if hypothetically they get to adjudicate someone within that 90 days (before actually fulfilling the 5 years requirement)
My opinion: USCIS will give him/her the letter that says "not able to approve at this time" or something like that and after another month or so when he follows up, they will give him the approval. The chance of denying is very minimal.
Where does it say when the residency requirement have to be met? Is it a rule that the residency requirement should be met on the day of the interview?
USCIS accepted the application because it was filed after the 5 years - 90 days rule. I don't think this grace period was written into the rule with the clear idea that USCIS WILL NOT adjudicate within 90 days. What if hypothetically they get to adjudicate someone within that 90 days (before actually fulfilling the 5 years requirement)
My opinion: USCIS will give him/her the letter that says "not able to approve at this time" or something like that and after another month or so when he follows up, they will give him the approval. The chance of denying is very minimal.
JohnnyCash
Volunteer Moderator
Just want to clear things up....I've personally not seen even one case yet which was able to get approved despite of falling short to meeting 5 yrs residency requirement/eligibility. But I do acknowledge that there might be a few cases here and there of such kind which went thru....but I'm not aware of them because I don't keep eyes of every case nor I visit on this site all the time...It's just that I've personally not seen any of such kind yet being approved...
If I were the OP, I wouldn't waste my time talking to immigration officers over the phone and even to any attorney because nobody knows for sure how it would play out...As for the immigration officers over the phone, then they give wrong information all the time anyway. Besides, this is a matter of law than procedural information.
It's a matter of law and common sense that how an application could be approved when applicant doesn't even meet statutory requirment of residency for the purpose of the said benefit....We cannot assume the outcome of cases like this based upon a few from the past. And just because some cases were previously approved before meeting the 5 yrs residency requirment then it doesn't mean those cases got approval correctly and won't be revoked. As it's said many times on this forum over and over that govt. can and does denaturalize people if someone was not eligible for the benefit.
I've personally seen cases over here and outside of this forum wheren applicants with a shoplifting conviction were able to have approval for naturalization even though shoplifting conviction is a done-deal denial for naturalization and possible cause for a deportation as per state criminal laws. But on the other hand, I've seen people were being deported because of shoplifting conviction. So, it's a matter of how a particular IO would act upon...And keep it in mind that just because IO approves a case despite of troubling issues, that doesn't mean s/he has made a correct decision nor does it mean approval cannot be revoked in the future....
Going back to case in hand, then I think OP won't be able to take oath before meeting the statutory residency requirement unless IO would invoke their discretionary authority...
Actually, the INA provision confirms that an application can be filed 90 days in advance
8 USC 1445(a)
"In the case of an applicant subject to a requirement of continuous residence under section 1427 (a) or 1430 (a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement."
But I strongly believe that the naturalization can be revoked if it happens before 5(3) year period is over due to the requirements in section 1427 (a) or 1430 (a)
8 USC 1445(a)
"In the case of an applicant subject to a requirement of continuous residence under section 1427 (a) or 1430 (a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement."
But I strongly believe that the naturalization can be revoked if it happens before 5(3) year period is over due to the requirements in section 1427 (a) or 1430 (a)
fbanna79, a question for you. What, in your best judgment, are the reasons for such quick approval? Do you have a very unusual name that there might be just a handful (or even none) of people with your name? Do you have a clean record? Anything else that makes your case straightforward?
The Durham DO is brand new. fbanna applied just before they officially opened so became one of their very first customers
Triple Citizen
Registered Users (C)
Bear in mind, getting a recommendation for approval after an interview is not a final approval. The N-400 application will be reviewed by a second officer. So it really makes no difference if the interview took place 2, 10 or 20 days before the 3rd or 5th anniversary. Now if the second officer does not pick this up and the oath is scheduled before the 3rd or 5th anniversary, then the applicant may get into problems for no fault of his/her own doing.
I went to my naturalization interview today. Unfortunatly, they said I cannot even be interviewed because I did not reach my 5 year. They rescheduled my appointment for August 22, 2008. I did not protest as I don't want to get in trouble for getting naturalized too early. 10 weeks is nothing, comnpared to people who have been waiting for months, even years. They gave me my new appointment letter for the August.