90 day rule - application rejected

FriscoDude said:
They received my application on 02/09/09 but for me the 90-day rule started on 02/17/09, and while I was expecting USCIS to mail the application back they didn't. They waited until 02/19/09 to cash the check and mail the priority date (02/19/09 so 88 days before the 5-year requirement) so although they didn't reject it, everything is within the appropriate time. And my interview was today so exactly one day after the 5th anniversary of my permanent residency.
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Did they recommend you for approval after the interview? Have you received oath letter yet?
 
FriscoDude said:
As a matter of fact, both my receipt date and priority date shows February 19th 2009 so ten days after they actually received it so I am sure they knew what they were doing.
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How did you date your N-440 form on Part 11 Your signature?
 
WBH said:
My comments means rules are rules and USCIS should not allow applicants filed before 5 years - 90 days. Otherwise what is the point of settling rules?
Then everyone can apply 10 days earlier than 100 days become the rule
then someone will apply at 110 days, etc


I have nothing against you personally. I am glad you get your case aproved.
But if we talk about rules, then there is a problem here.
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Logically you are right. However, there is no "rule is rule" with USCIS. Othervise there is a rule they need to aprove ones case in 120 days which they don't in severeal cases. Like several other rules not applied to lot of cases you can search and find in this forum. Most of the time rules are getting ignored bad way and some times a positive way like his case. They always have 2-3 days flexibility if they want and most of the time they reject file and send it back to applicant and money is gone. Some cases I know they also return check and you save your money. However, a few cases they delay processing case 1-2 days and put you in a correct timeline. This is the one of them, nothing to suprise.
 
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Bobsmyth said:
Unless a supervisor catches the discrepancy, you should be fine. This issue was brought up with service centers in the past via a INS memo, so it's no surprise it can still occur.

http://www.immigrationlinks.com/news/news035.htm
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I know someone who seperated from his wife for 30 days and this should count down from his eligibility days which makes him short at least 25 days to apply. He applied same time with me and get his citizenship in 5 months he has been told they will take care this gap vs with a very straight forward case, with a very rare name, with a very clean background even without any traffic ticket I waited for 2 years. Rules are not rules always :)
 
WBH said:
Some rules are themseves subjective but waiting time should be strictly enforced.
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I respect your opinion however it is not true in real life. How do you seperate which rule should be subjective which one needs to be strictly enforced? See his timeline, they gave him PD 02/19/09 so there is no way even a supervisor can see anything is wrong with this case.
 
immigrant7777 said:
I respect your opinion however it is not true in real life. How do you seperate which rule should be subjective which one needs to be strictly enforced? See his timeline, they gave him PD 02/19/09 so there is no way even a supervisor can see anything is wrong with this case.
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The supervisor can still see the date line of Part 11 of teh N-400 form
 
WBH said:
The supervisor can still see the date line of Part 11 of teh N-400 form
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I don't think this is not even an issue with supervisor review. Part 11 of the N-400 is the date you signed document before you sent it at your home. Unless you accidentaly signed months or years ago. They will care PD date not this date. In his case they did not process ( I know some others also) file untill it fell in a good date which is 02/19/09 :)
 
Nice discussion guys... I feel a little confident now :):)
My PD is 5/1/09, sent 4/30/09 -- GC date 7/30/04--- right on the 90 day mark....
 
FriscoDude said:
They received my application on 02/09/09 but for me the 90-day rule started on 02/17/09, and while I was expecting USCIS to mail the application back they didn't. They waited until 02/19/09 to cash the check and mail the priority date (02/19/09 so 88 days before the 5-year requirement) so although they didn't reject it, everything is within the appropriate time. And my interview was today so exactly one day after the 5th anniversary of my permanent residency.
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The "waiting" they did probably was unintentional. Your application may have been lingering under some pile of junk for days without anybody noticing or stamping it, so by the time they opened your app it may have already been past the 2/17/09 cutoff. So maybe it's not a matter of skirting the rule, it's just that they don't really know when the package really arrived. They wouldn't deliberately give you a chance like that.

Other people have been affected by similar time lags in other ways; for example, they file an I-485 and the Fedex tracking shows it physically arrived on a given date, but then the receipt date is a week or two later than that.
 
immigrant7777 said:
I know someone who seperated from his wife for 30 days and this should count down from his eligibility days which makes him short at least 25 days to apply. He applied same time with me and get his citizenship in 5 months he has been told they will take care this gap ...
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Please clarify. Was he applying with the 3-year marriage rule? Was he still separated at the time of the interview or had he gotten back together with his wife by the interview date?
 
I always assumed its the day they receive vs the day you send... I guess in retrospect I should have spent more time on the forum:(

Anyway, I signed the application on 4/30/09, the PD is 5/1/09 and 7/30/04 is the GC date...
I will have to wait and see what happens.
 
Jackolantern said:
Please clarify. Was he applying with the 3-year marriage rule? Was he still separated at the time of the interview or had he gotten back together with his wife by the interview date?
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It was 3-years marriage rule however speration was ended years ago they get back together. However, they normaly subtract separated days from your total days which may make him not eligible to apply and wait at least 30 more days before apply.
 
I read on this board a few years ago about a person whose early date was not caught until the oath date. Promptly the IO rejected the application with the rider that not catching the mistake earlier does right it or legalize the error. So don't count your chickens yet.

FriscoDude said:
Wow..I guess I must have been lucky when I sent my application, they received it at least 10 days before my eligibility date, but instead of rejecting it and mailing it back to me, they waited until after the date to cash the check and send the NOA.

Sorry to hear that Dolly75 but I agree prepare a new set and mail it back.
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brb2 said:
I read on this board a few years ago about a person whose early date was not caught until the oath date. Promptly the IO rejected the application with the rider that not catching the mistake earlier does right it or legalize the error. So don't count your chickens yet.
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When did you read this? Do you have a link? I am reading this board since 2002 (may be earlier than) and don't remember anything like that. It may have some other issues such as PD may not matching 90 days rule etc. Frisco's case seems very straight forward and I don't think this kind extreme accidents will happen to him.

http://forums.immigration.com/showthread.php?p=1637359#post1637359

If this is the one you mentioned above, it is not clear what happened this person's friends sister and rejection happened because because she had applied 2 weeks earlier than the eligible date. It is not explaining what was the PD date, N400 sign date etc.
 
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