I need advice regarding Naturalization

[nwctzn]

On a different topic. I left the U.S. for my home country on Dec. 14, 2007, and returned on Jan.4, 2008. At the U.S. passport control they stamped my passport mistakenly as "Jan.4, 2007". I noticed this mistake a few months later, in 2008. I decided to take an info pass in St.Louis DO, where I asked them whether it was possible and how to correct this obvious error. They said it could not be corrected, but they should have the correct information, since my GC was scanned at the passport control, when I was entering the US. From the pure logical point of view, this should not be a problem at the interview. How could I come back earlier than I left? Just in case, I will take all my salary slips since 2007 to prove that I was permanently here. Am I correct, or I might have any problems with this stamp?

No problem at all, you'll be fine.

Relax and just study for the interview.

 

[Vorpal]

No. Only this major thing - record in local police office about window. All the rest should be straightforward and simple. Civics & American History exam does not bother me at all - it is just trivial.

The window incident is not a major thing in any way, shape, or form. Not only was it dismissed (most likely administratively), but it never went to court to begin with, as no docket number exists. I am really surprised that someone as strong as a cancer survivor worries about such minute things.

Ne volnuytes', vse budet v poryadke.

 

[BigJoe5]

In theory EVERY USCIS Local Field Office may perform same day oath. Legally, the Court can formally exert exclusive jurisdiction to administer the oath to EVERY applicant for naturalization within its geographic jurisdiction with limited exceptions. I don't know the specific arrangements at that Office.

INA Sec. 310. [8 U.S.C. 1421]

(a) Authority in Attorney General.-The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General.

(b) Court Authority To Administer Oaths.-

(1) Jurisdiction.-Subject to section 337(c)-

(A) General jurisdiction.-Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 337(a) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.

(B) Exclusive authority.-An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 337(a) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period.​

(2) Information.-

(A) General information.-In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General-

(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and

(ii) the Attorney General-

(I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 337(a) , and

(II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General).​

(B) Assignment of individuals in the case of exclusive authority.-If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person's application for naturalization, of-

(i) the court's exclusive authority to administer the oath of allegiance under section 337(a) to such a person during the period specified in paragraph (3)(A)(i), and

(ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies.
​

If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section.​

(3) Scope of exclusive authority.-

(A) Limited period and advance notice required.-The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person-

(i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and

(ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies.​

(B) Authority of attorney general.-Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person.

(C) Waiver of exclusive authority.-Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under section 337(a) to a person under this subsection if the Attorney General has not provided the court with the certification described in subparagraph (A)(i) within a reasonable time before the date scheduled by the court for oath administration ceremonies. Upon notification of a court's waiver of jurisdiction, the Attorney General shall promptly notify the applicant.​

(4) Issuance of certificates.-The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance.

(5) Eligible courts.-For purposes of this section, the term "eligible court" means-

(A) a district court of the United States in any State, or

(B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.​

(c) Judicial Review.-A person whose application for naturalization under this title is denied, after a hearing before an immigration officer under section 336(a) , may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5, United States Code. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.

(d) Sole Procedure.-A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this title and not otherwise.

I am intentionally burying your inane blathering about nothing!

 

[HudsonValley]

I am intentionally burying your inane blathering about nothing!

Joe, have mercy!
This thread has become a highlight of my day. And probably I'm not alone enjoying it. It already has 3,619 views.
What will we all do once she gets her oath and passport?

 

[kim_gong]

Joe, have mercy!
This thread has become a highlight of my day. And probably I'm not alone enjoying it. It already has 3,619 views.
What will we all do once she gets her oath and passport?

Wow, this thread is like reality TV! I want to stop reading it, I want to stop being judgmental, but when I see an update on the thread I'm BACK!

 

[Marusia_GC]

Deleted

 

[HudsonValley]

Wow, this thread is like reality TV! I want to stop reading it, I want to stop being judgmental, but when I see an update on the thread I'm BACK!

I am worried now that I will become addicted to it! It has been less than an hour and I'm already back!

 

[Marusia_GC]

Deleted

 

[TheRealCanadian]

Stop worrying. You cannot get a disposition from the court, since it never went to court.

 

[Marusia_GC]

Deleted

 

[Marusia_GC]

Deleted

 

[BigJoe5]

Indeed, all I need is a letter from the court that the citation no... has never been submitted to them, and they do not have a case number on file associated with it. Of course, this is not a "disposition letter", but it could definitely be helpful. They refused to give it to me. But do I have a legal right to get such a letter?

What you need is a dispensation from the Pope, electroconvulsive therapy (ECT or shock treatment), and a Thorazine chaser.

This thread is somewhat like reality TV, but it is more like a nasty car wreck along the side of the road and all the "rubber-neckers" are slowing to gawk at the carnage and anticipating a glimpse of blood on the asphalt.

 

[Marusia_GC]

Deleted

 

[TheRealCanadian]

They refused to give it to me. But do I have a legal right to get such a letter?

You have no legal right to a letter saying that there is no disposition to a case that never happened.

Stop worrying.

 

[Marusia_GC]

You have no legal right to a letter saying that there is no disposition to a case that never happened.

Stop worrying.

Thanks, TheRealCanadian, this is important info. This means that IO has also no right to ask me for such a letter. That's exactly what I needed to know.

 

[Marusia_GC]

A proof of continuous 5-year residence for an 18-year-old

Deleted

 

[nwctzn]

Sorry, I have another question.
My son's interview is in a week. How can we prove that he has continuously been in the US during these 5 years? He had just a couple of short-term trips outside the US, each not more than 3 weeks. We took two letters - from his high school about all academic years he was enrolled, and from his University - about his current enrollment and being a student in a good standing. Is this sufficient? The problem is that his passport was erroneously stamped at the U.S. customs (by mistake they stamped a wrong year - 01/04/2007 instead of 01/04/2008 - the same as in my passport). I know that they scanned our GCs when we were crossing the U.S. border, and USCIS must have the correct information. However, what if an IO asks my son for a proof? He cannot show any bank account statements on his name, no apartment rent, no salary slips - nothing, since he was a 13-year-old kid then, except for his school enrollment... Would it be sufficient? What should we do?

The school and university enrollment letters are sufficient. I do not think that they will ask for more proof. I actually doubt that they will ask for any proof, but just to be on the safe side and having the enrollment letters with him during the interview is a good idea.

 

[TheRealCanadian]

My son's interview is in a week. How can we prove that he has continuously been in the US during these 5 years?

Unless they specifically ask, you don't need to. And they are unlikely to ask.

The problem is that his passport was erroneously stamped at the U.S. customs (by mistake they stamped a wrong year - 01/04/2007 instead of 01/04/2008 - the same as in my passport). I know that they scanned our GCs when we were crossing the U.S. border, and USCIS must have the correct information.

They have the correct information.

However, what if an IO asks my son for a proof? He cannot show any bank account statements on his name, no apartment rent, no salary slips - nothing, since he was a 13-year-old kid then, except for his school enrollment... Would it be sufficient? What should we do?

What should you do?? Stop worrying.

 

[Jackolantern]

He had just a couple of short-term trips outside the US, each not more than 3 weeks.

That is why they will not ask for proof of continuous residence.

They only ask for such proof if the applicant has extensive travel or other activities that put continuous residence in question (e.g. working abroad).

Their system has the correct travel dates, and your son presumably wrote the correct dates on the N-400, so he will not have a problem.

 

[madh4]

Sorry, I have another question.
My son's interview is in a week. How can we prove that he has continuously been in the US during these 5 years? He had just a couple of short-term trips outside the US, each not more than 3 weeks. We took two letters - from his high school about all academic years he was enrolled, and from his University - about his current enrollment and being a student in a good standing. Is this sufficient? The problem is that his passport was erroneously stamped at the U.S. customs (by mistake they stamped a wrong year - 01/04/2007 instead of 01/04/2008 - the same as in my passport). I know that they scanned our GCs when we were crossing the U.S. border, and USCIS must have the correct information. However, what if an IO asks my son for a proof? He cannot show any bank account statements on his name, no apartment rent, no salary slips - nothing, since he was a 13-year-old kid then, except for his school enrollment... Would it be sufficient? What should we do?

The first thing the IO's do during the interview is to ask the applicant to leave GC and all passports on his table. Take the old ones too. Next is formal oath. He will go through the PP/GC . They will have all records. Stop worrying.