My interview....I can't believe it!!!

The below was the summary of it, and the important part to me. If the review was a chance, I guess they could have told you right there. They are very strict to this issue as per my senator. Again you are the final person in charge to make the decision. I went through the same thinking in my mind, but looking back, I made a right decision to reapply right the way. You are in different field office, and my help to you is for advice purpose only.

Title 8 CFR par 334.2(b) allows an applicant to file their application up to 90 days prior to the completion of the required period of residence. Therefore, the earliest you were eligible to file your N400 was November 4, 2011. You filed your application on November 3, 2010, one day before your first eligible date………….. You failed to establish your eligibility for citizenship. Consequently, this application is hereby DENIED………………Please note that you may be eligible to reapply for naturalization at your discretion as you now meet the residence requirements for naturalization defined by INA par 316.
The letter included the form to appeal with more legal information as well.

Thanks a lot! So basically it says application's denied, and not citizenship.
 
Thanks a lot! So basically it says application's denied, and not citizenship.


No, is not your citizenship. You were not eligible then. Is the application only that you sent earlier. You are in great
shape according to what you said: Your interview went great. If nothing else during your process, you are
eligible now. Knowing what you know from the interview, you will be fine as long as you stay away from any
trouble on your next process. Be blessed, and don't hurt youself. You will be fine.
 
What did your final decision say? I was suggested to wait for it before reapplying because there might be a chance of approval after reviewing.

You have absolutely no chance of approval. USCIS operates with a strict 90-day rule, and you WILL be denied. Then your options after that will be to reapply or appeal. And if you're going to appeal you will need a lawyer and you must be willing to take the case beyond administrative appeals up to the Federal Circuit Court.
 
You have absolutely no chance of approval. USCIS operates with a strict 90-day rule, and you WILL be denied. Then your options after that will be to reapply or appeal. And if you're going to appeal you will need a lawyer and you must be willing to take the case beyond administrative appeals up to the Federal Circuit Court.
... which will cost substantially more than $680 and will take longer than a typical N-400 process. In my opinion, it is much easier to reapply again and get a citizenship in 4-5 months. The problem here is that the OP should first receive an official denial decision which itself may take some time.
 
... which will cost substantially more than $680 and will take longer than a typical N-400 process. In my opinion, it is much easier to reapply again and get a citizenship in 4-5 months. The problem here is that the OP should first receive an official denial decision which itself may take some time.

Based on other comments, I don't need to wait for official denial decision, do I?
 
Based on other comments, I don't need to wait for official denial decision, do I?

goro, in my opinion you don't. It will take forever for that letter to come,but again it may not. Knowing what I know I will go ahead
and reapply is in your advantage time wise speaaking. Remember you are getting back in the que. In my case interview Jan 26 and
letter came on June 29. As soon as I knew it was my mistake, I did not wait for the letter. Nothing will change, beside you waisting
time by waiting. Again all we can do here is advising you, but you have to make a decision. Blessings!
 
I'm about to send my application next week. There's no way for me to avoid biometrics, is it? I mean they already have my FP, why do they need it again? Isn't there a rule where you can take so much fingerprints in one period of time?
 
It's an ancient bureaucratic procedure -- they need fingerprints again for every separate case that involves fingerprinting, no matter how recently you gave fingerprints for another case. If you were applying for a family-based and employment-based green card at the same time, you'd have to give fingerprints twice even if it's on the same day.

For your new application, you should include a cover letter explaining that you want to withdraw the prior case. While it's not 100% necessary because they'll eventually figure it out and cancel your old case anyway, it's better for you to let them know up front so it doesn't result in delays or confusion from them finding out later.
 
It's an ancient bureaucratic procedure -- they need fingerprints again for every separate case that involves fingerprinting, no matter how recently you gave fingerprints for another case. If you were applying for a family-based and employment-based green card at the same time, you'd have to give fingerprints twice even if it's on the same day.

For your new application, you should include a cover letter explaining that you want to withdraw the prior case. While it's not 100% necessary because they'll eventually figure it out and cancel your old case anyway, it's better for you to let them know up front so it doesn't result in delays or confusion from them finding out later.

I don't think I have to ask them to withdraw my previous application. At the interview I was told they would keep my old application and they also took and kept some documents regarding my absence of more than 6 months.
 
I don't think I have to ask them to withdraw my previous application. At the interview I was told they would keep my old application and they also took and kept some documents regarding my absence of more than 6 months.

It is true that you don't have to ask them to withdraw it, as they'll eventually figure it out anyway. But if you let them know up front, that makes their job easier and makes them less likely to do something stupid.
 
It is true that you don't have to ask them to withdraw it, as they'll eventually figure it out anyway. But if you let them know up front, that makes their job easier and makes them less likely to do something stupid.

I'm just saying in cover letter that I'm reapplying and mentioning my previous application number.
 
I'm just saying in cover letter that I'm reapplying and mentioning my previous application number.

Saying that you are "re-applying" implicitly implies that you are withdrawing your previous application, so you may as well say so directly.

The situation you are in (submitting a new N-400 while the previous one is still technically being adjudicated) is not common, and, particularly given what happened to you already, you'd better err on the side of caution and be as careful and as conservative as possible, in order to avoid further screw-ups.

I would think that minimizing the possible confusion by the USCIS workers handling your new and old N-400 applications should be high on your list of priorities. If they are confused about what's going on, it increases the probability of a mistake or a delay on their part.

When you submit your new N-400, as a matter of standard procedure the National Benefits Center will pull your complete A-file from wherever it currently is - which in your case means the local DO dealing with your current N-400 application.
The NBC needs the A-file for conducting the new background checks (FBI name check, recording the new FP results, etc).
The local DO will not want to release your A-file until they have formally completed adjudication of your previous N-400.
Who knows what exactly will happen in this situation, but the potential for confusion, mistakes and delays seems pretty high to me.

So I'd be very clear with them that you are withdrawing your previous N-400 application.
 
Saying that you are "re-applying" implicitly implies that you are withdrawing your previous application, so you may as well say so directly.

The situation you are in (submitting a new N-400 while the previous one is still technically being adjudicated) is not common, and, particularly given what happened to you already, you'd better err on the side of caution and be as careful and as conservative as possible, in order to avoid further screw-ups.

I would think that minimizing the possible confusion by the USCIS workers handling your new and old N-400 applications should be high on your list of priorities. If they are confused about what's going on, it increases the probability of a mistake or a delay on their part.

When you submit your new N-400, as a matter of standard procedure the National Benefits Center will pull your complete A-file from wherever it currently is - which in your case means the local DO dealing with your current N-400 application.
The NBC needs the A-file for conducting the new background checks (FBI name check, recording the new FP results, etc).
The local DO will not want to release your A-file until they have formally completed adjudication of your previous N-400.
Who knows what exactly will happen in this situation, but the potential for confusion, mistakes and delays seems pretty high to me.

So I'd be very clear with them that you are withdrawing your previous N-400 application.

Are you suggesting that I write that I want to "withdraw" previous application?
 
Received email today saying that they mailed my denial notice. It's good news I guess since they won't make mess figuring out why I applied again.....hopefully
 
Received email today saying that they mailed my denial notice. It's good news I guess since they won't make mess figuring out why I applied again.....hopefully

Did you already mail in a new N-400 application?


Once you receive the actual denial notice, you could also try asking them for a refund of the original application fee - arguing that they should have rejected the application immediately as prematurely filed, instead of cashing your check and starting to process the application. The chances of getting a refund are not great, but it is worth trying...
 
Did you already mail in a new N-400 application?


Once you receive the actual denial notice, you could also try asking them for a refund of the original application fee - arguing that they should have rejected the application immediately as prematurely filed, instead of cashing your check and starting to process the application. The chances of getting a refund are not great, but it is worth trying...

Yes I already mailed n400. But I'm gonna do this as well. I've submitted my case to USCIS ombudsman and I wait till he replies something. If he replies something in my favor, I will include it when asking for refund. We'll see. I will also be requesting Expedite service for my application.


And thanks for your help baikal3
 
Update

Just an update to my case:

I resubmitted new application with priority date November 18th. On December 21st status changed to application in line for interview......skipping biometrics appointment. I called customer service regarding this. They told that fingerprints are good for last 12 months; that's why I haven't received biometrics appointment letter..... but they weren't sure about this. I opened service request, and will wait for letter from USCIS.

Also, ombudsman was total waste of time, total joke.
 
Update

Just so everyone know. Fingerprints are valid for 15 months! In my case I won't be fingerprinted since they have it and it is valid. I have received letter confirming this today.
 
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