My problem is when I finished the five years after getting the green card and got ready for my citizenship I was outside the country. So I called my brother and made him file for me. we didn't lie in the applicaton at all. we also reported that current trip to Qatar. so I came back to the USA and did my fingerprints and waited for interview which was today. Everything was fine in the interview and I passed all the tests. When we got to the last page the officer asked me to write my name. Then she said the font for the written name in the application so different than the font I just wrote. she asked me whether I was outside the usa when I applied. Also asked me if someone filled the application for me and I said my brother. Finally she gave me a letter saying the I passed all the tests and discion can't be made at this time.
big problem
- Thread starter oldtown77
- Start date
M
mnprtltt
Guest
Not to worry you will receive a letter in the mail soon explaining to you your options hopefully it will be an oath letter informing you of the date, worse case they will ask you for more information i don't think they would deny you just because you were out of state when applied.
Exactly.
oldtown77: You are allowed to mail in an N-400 application while on a temporary trip abroad - that is not a problem. However, having somobody else sign the application instead of you is a big problem and is a form of purjury. IMO, your application will most likely be denied.
If only part 12 had been signed and part 11 left blank when N-400 was submitted, the N-400 application would have been rejected immediately upon filing and returned to the applicant then. Essentially the very first thing that they do when N-400 is received is check if there is a signature of the applicant present in part 11 and if the correct payment is enclosed. If there had been no signature in part 11, the application would have been rejected immediately upon filing and returned, and would not have even been assigned a case number. The fact that the OP was scheduled for an interview indicates pretty conclusively that part 11 was signed.
Note that signing part 11 by the applicant has another legal implication: it authorizes the USCIS to conduct all the requisite background checks for the N-400 application. Such authorization cannot be done by a third party.
Part 12 is meant for situations like when an immigration lawyer helps the applicant prepare the N-400 form. However, even in such cases the applicant is required to sign the form in part 11 (except for a limited number of medical disability type situations).
mnprtltt,
I appreciate your response to the post, but I feel you did not understand the query properly. The USCIS officer is validating the authenticity of the signature from what is on the application (part 11) to what is being signed (Part 13) which is NOT matching. If I'm not over reacting, the N400 application form may have not been signed by the applicant in Part 11 ??? (the applicant was out of country...) which accounts to fraud/perjury.
You suggestion is NOT TO WORRY???
Regards!
M
mnprtltt
Guest
Months
I didn't notice the part about him not signing it sorry. "Not to worry you will receive a letter in the mail soon explaining to you your options" What i'm trying to tell him here is don't worry and go crazy about it like some people on here about their mistakes and be calm either way he will find out the outcome when he receives the decision in the mail.
I didn't notice the part about him not signing it sorry. "Not to worry you will receive a letter in the mail soon explaining to you your options" What i'm trying to tell him here is don't worry and go crazy about it like some people on here about their mistakes and be calm either way he will find out the outcome when he receives the decision in the mail.
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mnprtltt,
Sorry I did not intend to say anything negative about your response... please don't read to much into my posting... Let me copy a sentence from the original posters message "the font for the written name in the application so different than the font I just wrote" I never knew there were fonts in written messages/signatures ??? am I crazy?
This is a very nice useful forum to share experiences and seek advice. Should there be minor issues, the knowledge gained in this forum would help the applicant to resolve with ease. Unfortunately there are some people who are trying to seek 'escapes' for intentional mistakes they have created (that's what I understand/interpret from the original poster's message) and I believe we should not encourage it.
By the way, the original poster never got back or put any further comments/queries... what do you think?
M
mnprtltt
Guest
No worries i respect you because you are my elder it was my mistake i didn't read his question thoroughly by the way best wishes on your N-400 process. Maybe he realized that him not signing his N-400 app. did have a negative effect on his case and decided there is nothing that he can do to change the outcome and he is just waiting for the day the mail man comes and delivers his fate to him i see him online here and there daily browsing the forum but he hasn't had any recent activity about this thread or posted any more concerns I wish you luck oldtown77 that they won't take this mistake the wrong way and address it as a honest mistake of you not knowing all the rules and regulations of the USCIS.
A rather naive and uninformed opinion.
The IOs adjudicating naturalization applications have a fair amount of discretion on some issues, but there are many specific legal requirements that are explicitly spelled out in the relevant laws and regulations and which the IOs cannot disregard. Pleading ignorance of the rules does not work in such cases (and it rarely does in general when dealing with USCIS).
E.g. there are plenty of cases, including those reported in this forum, where an N-400 is denies because it was filed a couple of days too early, before the applicant became eligible. The fact that an applicant made an honest mistake in such cases is irrelevant.
INA 334 explicitly requires that each applicant for naturalization sign his/her application before filing, except for cases of physical disability:
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-10276.html#0-0-0-443
"Sec. 334. [8 U.S.C. 1445]
(a) An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting, if physically able to write".
There is no wiggle room here.
Similarly, the USCIS Adjudicator's Field Manual makes it clear that a signature by the applicant in part 11 of N-400 is required before N-400 is filed:
http://www.uscis.gov/portal/site/us...toid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD
"(k) Part 11: Signature
(1) Name and Signature on the Application . The N-400 reads:
Signature and Date Please Note: If you do not completely fill out this form, or fail to submit required documents listed in the instructions, you may not be found eligible for naturalization and this application may be denied.
An applicant must legibly sign his or her full, true and correct name without abbreviation or initials, in his/her own handwriting, if physically able to do so. Applicants with disabilities may need an accommodation when signing his or her application. [...] Part 11 of the N-400 should be completed prior to the applicant filing the application. When the applicant signs Part 11, he or she is certifying (or if outside the United States swearing or affirming,) under penalty of perjury under the laws of the United States of America, that his or her N-400 application, and the evidence submitted with it, is all true and correct. Also, by signing this section of the N-400, he or she is authorizing the release of any information from his or her records which the USCIS may need to determine eligibility for the benefit he or she is seeking. See section 334 of the Act."
In view of an explicit requirement by INA 334 that the naturalization application must be signed by the applicant prior to filing (except in cases of physical disability), I can't see how the USCIS could possibly approve the OP's application.
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Frankly, I doubt if oldtown77 will ever comeback and post further comments. In my opinion (purely mine) the applicant has committed fraud by allowing someone else signing on his/her behalf and was caught at the interview. If at all the case is approved it is 'shear' luck on the applicant's side and shabby work on the Immigration officer's supervisor not reviewing the case properly.
Again, purely my opinion please
HumHongeKamyaab
Registered Users (C)
I just used my official signature for part-11. Shouldn't this say print your name if they want you to write your name in your handwriting.
Relax, you are OK.
"In the applicant's own handwriting" just means that the N-400 form has to be physically signed by the applicant personally.
Marusia_GC
Registered Users (C)
I also looked through the posts of oldtown77, and, yes, these posts are so contradictory! I have an impression that this person, oldtown77, is not asking about his/her own case, but asks about different cases, for example, his/her friends, still using "a magic pronoun I" in the posts, and that is the reason for inconsistency (e.g., that he is a GC holder, according to one post, but his adjustment of status was denied, according to another post).
Jackolantern
Registered Users (C)
In a thread from 2009, oldtown77 claims to already be a citizen.
http://forums.immigration.com/showthread.php?302522
http://forums.immigration.com/showthread.php?302522
Marusia_GC
Registered Users (C)
Maybe oldtown77 is a new inexperienced immigration lawyer and just collecting information for his clients
An inexperienced lawyer in at least three years must become experienced...