help! denied after missed third time oath, can I reapply

B

b_cerk

New Member
I missed three times of oath, due to travel and personal reason (try to divorce before take oath), now I got letter said I should abandon my intent to be naturalied and as a result, the application is denied.

My question is can I reapply or I may file a hearing. I already told I don't have good cause for my missed oath.

the lettle did not say I can or can not reapply. If I can reapply how long I can wait.

Thanks very much, I am losed and don't know what to do.
 
b_cerk said:
I missed three times of oath, due to travel and personal reason (try to divorce before take oath), now I got letter said I should abandon my intent to be naturalied and as a result, the application is denied.

My question is can I reapply or I may file a hearing. I already told I don't have good cause for my missed oath.

the lettle did not say I can or can not reapply. If I can reapply how long I can wait.
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You would be hard-pressed to find many members who has gone through similar situation of missing multiple oath ceremonies, and could give you advice on what to do next.
I think you should contact an attorney and follow accordingly.
-JS.
 
b_cerk said:
I missed three times of oath, due to travel and personal reason (try to divorce before take oath), now I got letter said I should abandon my intent to be naturalied and as a result, the application is denied.

My question is can I reapply or I may file a hearing. I already told I don't have good cause for my missed oath.

the lettle did not say I can or can not reapply. If I can reapply how long I can wait.

Thanks very much, I am losed and don't know what to do.
Click to expand...

Failure to Appear at the Oath Ceremony Conducted Either by USCIS or Authorized Court . An applicant who fails to appear without good cause for more than one oath administration ceremony for which he or she was duly notified will be presumed to have abandoned his or her intent to be naturalized. Such presumption must be regarded as the receipt of derogatory information, and the procedures contained in 8 CFR 335.5 should be followed. USCIS shall execute a motion to reopen on an application where an applicant has failed to show for more than one oath ceremony. If an applicant provides good cause for his or her failure to appear for more than one oath ceremony within the required time period, the application will remain granted and he or she will be scheduled to take the oath of allegiance.
 
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b_cerk said:
I missed three times of oath, due to travel and personal reason (try to divorce before take oath), now I got letter said I should abandon my intent to be naturalied and as a result, the application is denied.

My question is can I reapply or I may file a hearing. I already told I don't have good cause for my missed oath.

the lettle did not say I can or can not reapply. If I can reapply how long I can wait.

Thanks very much, I am losed and don't know what to do.
Click to expand...

You will not get much sympathy here because many here are desparately waiting to get a priority date, an FP datem an interview date, and oath
date and will try all means to make appointment if they get such dates.
You got all of them and simply do not take making appointment seriously yourself.
 
b_cerk said:
I missed three times of oath, due to travel and personal reason (try to divorce before take oath), now I got letter said I should abandon my intent to be naturalied and as a result, the application is denied.

My question is can I reapply or I may file a hearing. I already told I don't have good cause for my missed oath.

the lettle did not say I can or can not reapply. If I can reapply how long I can wait.

Thanks very much, I am losed and don't know what to do.
Click to expand...

Did you apply based on marriage to US citizen?
Whether you can reapply immediately depends on your situation and how long you've been a LPR.
 
Bobsmyth said:
Did you apply based on marriage to US citizen?.
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The OP said he missed the oath because he tried to divorce before the
oath. I don't know what is the purpose of getting divorce before the oath
but that clearly indicate the application is not marriage-based.
 
My guess is that worst case the OP has lost their original application fee and will need to apply again, assuming they still meet the criteria. They should be perpared however to have a clear explaination as to why their last application was abandoned, it is likely to come up.
 
formerf1 said:
If an applicant provides good cause for his or her failure to appear for more than one oath ceremony within the required time period, the application will remain granted and he or she will be scheduled to take the oath of allegiance.
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OP has exactly one year from the date of denial to request that the case be reopened.
 
Triple Citizen said:
Not to defend WBH's choice of words, however 3 missed oath ceremonies does question how much of an effort did the OP put in to make one of those three appointments.
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I see where you are coming from, however I have difficulty understanding how one wouldn't take oath (last step) seriously after $675 + months of waiting. I have been around long enough to know that life happens :)
 
WBH said:
...but that clearly indicate the application is not marriage-based.
Click to expand...

Not if the OP is not aware that you must remain in marital union up until oath, a misconception that has come up in the past from other posters.
 
I'm sorry, but being one of those who's citizenship process has been frustrating and lengthy compared to others, I tend to feel no sympathy for someone who missed 3 oath cermonies. You are given prior warning of the date. And to then miss 3!!! I can understand one, maybe at a push 2 depending on circumstances, but 3? I myself would have made absolutely sure I did everything in my power to attend one.
 
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Considering how onerous and punitive USCIS can be, I would not miss any appointment with them for any reason.

The only comparable would be how would your wife react if you missed your wedding three times. :)
 
That is quite sad. Many of us have been waiting for 15 years and you miss Oath three times for personal reasons and still ask questions??? I do think you need to even not post a thing here because you are making many qualifying applicants very sad and I do agree that no one will feel sorry for you. That is sad. A ceremony takes few hours and you miss!!! Jesus..
 
Thanks for all you guys, I know it quite hard to understand why I missed three oath, There were lot of things happened during that period. My mom dead cancer and my wife overseas treated me very bad even I traveled a lot to see her and spend lot of money on her. it was tough time for me.

I have green card for over 7 year and got it not by marriage.

and I got conflict information here, Jackalantern said I can reapply immediately, and Formerf1 said I have to wait 1 year.

what I should fowllow? Appreciate all your replies.
 
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