Interview is just a week before eligibility date, so oath would be after eligibility date for sure. I couldn't find any law or internal USCIS instruction on internet that says that interview should be conducted before eligibility date. The law says that one can't be granted citizenship before eligibility date, but that's it.
Citizenship interview before eligibility date
- Thread starter white77
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Interview is just a week before eligibility date, so oath would be after eligibility date for sure. I couldn't find any law or internal USCIS instruction on internet that says that interview should be conducted before eligibility date. The law says that one can't be granted citizenship before eligibility date, but that's it.
Jackolantern
Registered Users (C)
Denied??! That's ridiculous and probably illegal. Did you get the denial letter in the mail, or did they tell you on the spot? If they told you that on the spot, did you protest?
They are the ones who scheduled the interview before the 5 years. I can't believe they can legally deny an application for that reason; surely a court wouldn't uphold that denial. Otherwise, if they don't like you, they can just schedule a too-early interview and deny you when you show up.
But if you were 3 days short of the minimum years of residence (5y-90d) when you applied, that denial would be legitimate.
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I'll take no action for now I guess. I actually would like to have an interview ASAP and I'm pleasantly surprised that I got my IL just 2 weeks after FP, from what I read it took much longer before, that's why filed N-400 90 days before eligibility date. I just don't want to be re-scheduled when I come for an interview, I was under impression that they look at eligibility date when they schedule interviews.
Ridiculous yes but illegal maybe. I already checked with 2 attorneys and they both stated that one must have the full 5 year before being approved. And it's up to the IO to either hold the application for few more days and then approve it, reschedule the interview, or deny the application. I just happened to be really unlucky. What pisses me off is that they did not deny it via mail, they scheduled me for another interview 2 months later just to tell me that I was denied based on the first interview.
All attorneys I talked to advised that re-applying is faster and less expensive.
I'm so upset man but still willing to give it another chance.
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hoping in 2009
Registered Users (C)
OMG I am so sorry you have to go throught this, its awful
I was following your story on your other post and was wondering of your outcome.
And only this morning I was reading other n-400 journey stories and thinking how unfair it seems that some people just breeze through it like nothing ( case in point someone in another board completed his n-400 journey in about 3 months from begining to oath no problems at all based on a 3 year law aplying 90 days before ) it all seemed so easy for him,, while for some others this can be a nightmare!!
I can't beleive they did this to you based on 3 days short on interview date
OMG I am so sorry you have to go throught this, its awful
I was following your story on your other post and was wondering of your outcome.
And only this morning I was reading other n-400 journey stories and thinking how unfair it seems that some people just breeze through it like nothing ( case in point someone in another board completed his n-400 journey in about 3 months from begining to oath no problems at all based on a 3 year law aplying 90 days before ) it all seemed so easy for him,, while for some others this can be a nightmare!!
I can't beleive they did this to you based on 3 days short on interview date
I know man, I'm really upset but there is nothing I can do now but to re-apply. Someone in that DO just does not like me.
Although my application is straightforward I'm thinking about hiring an attorney to represent me next time.
It would be a good idea to contact the USCIS Ombudsman to notify them that USCIS is inconsistent with their policy on this.
http://www.dhs.gov/ximgtn/programs/editorial_0497.shtm
Fast&Furious
Registered Users (C)
GC/N400/IV dates
Guys, I appreciate your take on this:
My GC was approved on 6/18/2004, but the card says "residence since 6/1/2004". I went with the 6/1 date, and applied for N400 on 3/4/2009, and is waiting for IV letter. Did I make a mistake here?
There are some discussions about possibilities of n400 rejection for IV before 5 year anniversary. Shall I play safe and make sure my IV happens (or rescheduled to) sometime after 6/18/2009?
Guys, I appreciate your take on this:
My GC was approved on 6/18/2004, but the card says "residence since 6/1/2004". I went with the 6/1 date, and applied for N400 on 3/4/2009, and is waiting for IV letter. Did I make a mistake here?
There are some discussions about possibilities of n400 rejection for IV before 5 year anniversary. Shall I play safe and make sure my IV happens (or rescheduled to) sometime after 6/18/2009?
No, you did everything correctly. Just wait to be scheduled for an interview. It only matters that you become a US Citizen after being a PR for five years. So as long as your oath is after 6/1/09, you should be fine. If you are scheduled for an interview before your fifth year anniversary and for some reason you get to the interview and the IO refuses to interview you for this reason, try convincing him/her that as long as you take your oath after five years, they should still interview you.
Jackolantern
Registered Users (C)
They can deny the application for arbitrary reasons, but whether it is a legitimate denial that would stand up in court is another matter. They are the ones who schedule the interview, so I can't see how it is legitimate for them to deny the application based on a too-early interview. Delay or reschedule, yes. But not denial.
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Jackolantern
Registered Users (C)
On what basis did you conclude that your GC was approved on 6/18/2004?
nice_guy_gc
Registered Users (C)
Interview before 5 year GC Anniversary
Is it okay to have interview before the 5 year GC anniversary? If yes, Can the IO make a decision during the interview or does he/she has to wait for the OP to complete 5 years after GC?
I have a feeling my IL is coming within a week or so and it may be before the 5 year GC anniversary date.
Is it okay to have interview before the 5 year GC anniversary? If yes, Can the IO make a decision during the interview or does he/she has to wait for the OP to complete 5 years after GC?
I have a feeling my IL is coming within a week or so and it may be before the 5 year GC anniversary date.
Semi-conc'nt 04
Registered Users (C)
It is my understanding that it is the oath date that counts (as opposed to date of interview)...
Jackolantern
Registered Users (C)
Scroll down to the very end of this page; there are similar threads addressing this question.
cafeconleche
Registered Users (C)
Oh wow, I'd never noticed the SIMILAR THREADS section!
I have similar worries...
Even if you get IL right away, chances are the actual Interview Date might be after your 5 yr anniversary date. I received IL with in 2 weeks for FP, but they have scheduled the interview 7 weeks later.
- JS.
Triple Citizen
Registered Users (C)
Nothing to worry about. My interview was held a few days before my 3 year GC anniversary date.
nice_guy_gc
Registered Users (C)
Thanks
Thanks everyone. This forum is awesom.
Thanks everyone. This forum is awesom.
I don't think you should worry about this. If USCIS schedules you for an interview before your 3rd or 5th anniversary just point this out to the interviewing officer and, again, if you are in the district that has the same day oath, just ask him/her to schedule you for an oath after your anniversary date.