I got my 'greencard' three years ago with a date on it as the day we became PRs (it was dated mid-1997 when the 485 filing was done). Therefore, in 2002 June/July, I applied for citizenship. I called the customer service center to double check with them about our eligibility to apply for citizenship in 2002. They replied in the affirmative and insisted that the date on the card was the date that I was considered to have acquired PR status, even though I told them that I received the greencard only in 2000. My citizenship application was processed and I got finger printed and interviewed in Septmber and December 2002, respectively. I was told to come back in January for the oath ceremony once I get a notification in the mail. I did get a letter from INS yesterday and it said that although I did appear to qualify for citizenship earlier, I was being disqualified on account of the wrong date printed on our greencards (which, they say, is the date of I-140 approval). After having gone through the whole process and paid all the fees, I am now back to square one for no fault of mine. I have been asked to get my greencard replaced. There is an appeal form enclosed with a fee of $190. IS it worth appealing? Do you know if they will refund the fees paid? Also, do I have to go through the whole process yet again in 2005? Any input from you all will be greatly appreciated. Thanks.
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Citizenship denied
- Thread starter tactir
- Start date
Unfortunately no. One cannot qualify for immigration benefits because the INS made a printing/clerical error in printing dates on the GC. For all legal purposes, you were a PR only from the date that the INS granted that status i.e., I-485 approval date.
Also, doubt the INS will refund any fees since it would deem the mistake on your part - Recommend not wasting any time/effort in trying to get a refund. Just file when you are truly eligible and you'll be fine.
Also, doubt the INS will refund any fees since it would deem the mistake on your part - Recommend not wasting any time/effort in trying to get a refund. Just file when you are truly eligible and you'll be fine.
I thought INS finished all the checkup before interview time. after interview, INS would no longer do any checkup. However, based on this case and case of sv303's, i found that INS continues to do checkup. Is that true? if INS found out date mistake after oath, do you think they would revoke citizenship?
As tactir didnt mention anything about the reentry permit I assumed tactir has stayed in USA since his I-485 has been approved and if he was out of USA it must have been less than 6 months .Otherwise If tactir stayed out side USA for more than 6 months without reentry permit since getting his I-485 approved it becomes an another problem.
So 90 days or 3 months, with february months (28/29 days issue - leap year) when taken into account, it is always better to wait about 2 weeks after 4 years and 9 months . I agree the passport stamping issue is quite irrrelevant as the physical gc should be mailed in less than 2 months in most cases. It is better to get the passport stamped as sometimes the physical gc may get delayed as sometimes people move. I'am assuming tactir has stayed in USA since his I-485 has been approved and if he was out of USA it must have been less than 6 months .
So the bottom line is tactir has NOT lost anything except the INS fees as INS realised its mistake real late.So I feel tactir has to reapply after 4 years and 9 months plus a couple of weeks after his I-485 was approvedjust to be on the safe side. A couple of weeks after 4 years and 9 months is not a big issue as people wait about a year for the whole process of the citizenship, sometimes even a lot more.
So 90 days or 3 months, with february months (28/29 days issue - leap year) when taken into account, it is always better to wait about 2 weeks after 4 years and 9 months . I agree the passport stamping issue is quite irrrelevant as the physical gc should be mailed in less than 2 months in most cases. It is better to get the passport stamped as sometimes the physical gc may get delayed as sometimes people move. I'am assuming tactir has stayed in USA since his I-485 has been approved and if he was out of USA it must have been less than 6 months .
So the bottom line is tactir has NOT lost anything except the INS fees as INS realised its mistake real late.So I feel tactir has to reapply after 4 years and 9 months plus a couple of weeks after his I-485 was approvedjust to be on the safe side. A couple of weeks after 4 years and 9 months is not a big issue as people wait about a year for the whole process of the citizenship, sometimes even a lot more.
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Can I know what is cp route please? I think you WILL get a gc mailed to you even without getting your passport stamped or even going to the INS after your I-485 is approved.As far as the proof of having a gc, the I-485 approval document is in itself a proof of your status. The I-485 approval date is the day one should start the 4 years and nine months waiting time for being eligible to apply for USA citizenship.
I would get my passport stamped anyway as I would have the my gc status with me all the time especially while I'am travelling.
Reentry permits and all the othet stuff- I dont have much idea as I stayed in USA from the day my I-485 was approved till the day I got my interview latter. I understand once you apply for your USA citizenship the travel outside of the USA restrictions,constraints are not applicable anymore.
I would get my passport stamped anyway as I would have the my gc status with me all the time especially while I'am travelling.
Reentry permits and all the othet stuff- I dont have much idea as I stayed in USA from the day my I-485 was approved till the day I got my interview latter. I understand once you apply for your USA citizenship the travel outside of the USA restrictions,constraints are not applicable anymore.
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Re: what's in your INS file - it's always a good idea to know what the INS knows and what they think they know about you. File a FOIA request, as JoeF suggested, get your file and review it - alone or with a lawyer.
Re: checkups - as far as naturalization goes, the last checkup called the NQP - Naturalization Quality Procedure (or Process) is done AFTER a successful interview, by a senior adjudicator. THe process is also called re-verification, this is when they catch errors like applied too early and stuff like that. One would think if they checked the dates at the same time they receive the N400, it would save the INS own resources and spare our sanity, but it's the INS - somebody writes the procedures that don't necessraly make sense, others must follow. That's why it is possible to pull people out of ceremony waiting rooms (like what happened to me) and even out of the ceremonies, as the INS officer told when they disqualified me the first time I applied.
Re: revoking citizenship. INS used to do that, now they can't. They lost a class action lawsuite about a year ago, where a federal judge decided that the Congress did NOT grant the INS the power to revoke citizenships. Citizenship revocation can only be done through a federal court.
SV
Re: checkups - as far as naturalization goes, the last checkup called the NQP - Naturalization Quality Procedure (or Process) is done AFTER a successful interview, by a senior adjudicator. THe process is also called re-verification, this is when they catch errors like applied too early and stuff like that. One would think if they checked the dates at the same time they receive the N400, it would save the INS own resources and spare our sanity, but it's the INS - somebody writes the procedures that don't necessraly make sense, others must follow. That's why it is possible to pull people out of ceremony waiting rooms (like what happened to me) and even out of the ceremonies, as the INS officer told when they disqualified me the first time I applied.
Re: revoking citizenship. INS used to do that, now they can't. They lost a class action lawsuite about a year ago, where a federal judge decided that the Congress did NOT grant the INS the power to revoke citizenships. Citizenship revocation can only be done through a federal court.
SV
thanks you for all the inputs ,i ve been reading about everything in this forum ,and its the best one i 've ever found
one question comes back all the time and nobody is for sure about it at 100%
when do you start counting the 4years and 9months to apply for citizenship ???
for me ,i went threw labor certification ,and i start counting since the day i had my interview and my passport was stamped (same day) i received work permit a month earlier .
and i got my green card 2 month after interview .
so ,i started counting my 4 years and 9 month from the day they stamped my passeport .
no notion about approval of i 485 or anything else it just leads to more confusion .
one question comes back all the time and nobody is for sure about it at 100%
when do you start counting the 4years and 9months to apply for citizenship ???
for me ,i went threw labor certification ,and i start counting since the day i had my interview and my passport was stamped (same day) i received work permit a month earlier .
and i got my green card 2 month after interview .
so ,i started counting my 4 years and 9 month from the day they stamped my passeport .
no notion about approval of i 485 or anything else it just leads to more confusion .
menael
The day your I-4885 was approved is critical for the count of 4 years and 9 months wait before you are eligible for the interview.I know some people never got their passport stamped at all and got their gc mailed in less than 2 months that was in 1996.Actually once your passport has been stamped at the INS interview after the I-485 was approved you are eligible to work in US. Employer acknowledges that stamp as a gc. Dont know why you applied for a work permit waste of money.
My suggestion is mail your n400 application after a week or two after that 4 years and 9 months wait period since the I-485 is approved just to be on the safe side.A week or two more time for the US citizenship is meagre when comparred to the whole wait time of a year for the n400 application process.
The day your I-4885 was approved is critical for the count of 4 years and 9 months wait before you are eligible for the interview.I know some people never got their passport stamped at all and got their gc mailed in less than 2 months that was in 1996.Actually once your passport has been stamped at the INS interview after the I-485 was approved you are eligible to work in US. Employer acknowledges that stamp as a gc. Dont know why you applied for a work permit waste of money.
My suggestion is mail your n400 application after a week or two after that 4 years and 9 months wait period since the I-485 is approved just to be on the safe side.A week or two more time for the US citizenship is meagre when comparred to the whole wait time of a year for the n400 application process.
joe f and durgum
thank you for all the effort you are taking to answer
now my next question is :
is there any difference betwen i 485 approval and interview with passport stamped ???
from my own understanding your i 485 is approved the day of interview and passport stamped
please correct me if i am wrong
one more thing ,i learned to start counting my 4 years and 9 months from the date printed in the back of my green card which in my case correspond to the date i had an interview (not the issue date printed in the front of the card )
i never known or realize exactly when my i485 wasapproved !!!!
is it when you take medical and finger print ????
or ,is it when you have interview ???
thanks again
thank you for all the effort you are taking to answer
now my next question is :
is there any difference betwen i 485 approval and interview with passport stamped ???
from my own understanding your i 485 is approved the day of interview and passport stamped
please correct me if i am wrong
one more thing ,i learned to start counting my 4 years and 9 months from the date printed in the back of my green card which in my case correspond to the date i had an interview (not the issue date printed in the front of the card )
i never known or realize exactly when my i485 wasapproved !!!!
is it when you take medical and finger print ????
or ,is it when you have interview ???
thanks again
menael
I 'd go by the date that says pr since.... and start counting my 4 yearrs and nine months.
As far as I know you get your I-485 approved letter in the mail and thats it . It is upto you to go to the INS office to get your passport stamped(this is ONLY for Labor/employer sponsored gc cases) or not . Usually gc s are mailed within 2 months of the I-485 approval.
I 'd go by the date that says pr since.... and start counting my 4 yearrs and nine months.
As far as I know you get your I-485 approved letter in the mail and thats it . It is upto you to go to the INS office to get your passport stamped(this is ONLY for Labor/employer sponsored gc cases) or not . Usually gc s are mailed within 2 months of the I-485 approval.