My difficult and confusing n400 and citizenship

1

1Rossi

New Member
Hi.
I was wondering if someone would know or as some guidance about my situation.
It all started in the year 2000 when I applied for US citizenship in NYC (I have permanent green card btw) and never received any kind of answer from them. I do not remember if I was fingerprinted or had an interview but have some paper stating fd-258 completed at ins Manhattan 2000 and a number by agent..it is basically info about me.

After a few years (2004) I decided to call them (I think it was in TX) and inform them that I moved and simultaneously ask them how come I did not receive any answer ..also, am I in the system. I did receive a reply stating I am in the system and they will reply with new info etc..Never received anything from them since then.

Recently I decided to contact them via email and this time from NYC they replied they will look into it. Email them again few months later and this time no reply at all.

Now, that I'm getting into it and researching a little more into it I find that maybe already a US citizen through my mother who became naturilized before I was 18 and I lived with my parents. I am also married since 2000 to US born citizen so can apply again I guess and get my citizenship that way but I am afraid that I will be rejected again (they never really rejected me just did not answer) becuase I may be a citizen already and I cannot really check with my parents as we do not communicate even prior to my marriage.

How do I find out if I am a citizen without involving my parents as i do not communicate with them; would a phone call to INS help? They do not seem so helpful as they never answered me why all the delay in the first place. at least if I knew. This way I can just apply again using my wife.

Any thought, anyone? Much appreciated.
 
It's only since February 27, 2001 that minors living with just one citizen parent derived citizenship. Between 1978 and 2001 you needed that both parents became citizens, or the parents to be divorced or one died and the parent having custody became a citizen.
 
Thnx newacct. Any idea why they do not reply (and never replied after I applied). At least f they would reject sme o I know not to bother; that way I can at least get a passport from one of the euro countries. My passport is absolete (former Yugoslavia prior to 1990).

Is it possible because I was born in one country,, but was a citizen of former Yugoslavia that they are confused or pretend to be and are thus not answering? Strange. The country where I grew up in former Yu is now Montenegro but I do not have their passport yet as I just wanted to become a US citizen since I lived most of my life here.

Should I give it a go a apply again using my wife who is born in the US and I was married to her for more than 10 years? First time I applied was before I was married about 15 years ago. Maybe this time they will at least reply with an answer.
 
1Rossi said:
Thnx newacct. Any idea why they do not reply (and never replied after I applied). At least f they would reject sme o I know not to bother; that way I can at least get a passport from one of the euro countries. My passport is absolete (former Yugoslavia prior to 1990).

Is it possible because I was born in one country,, but was a citizen of former Yugoslavia that they are confused or pretend to be and are thus not answering? Strange. The country where I grew up in former Yu is now Montenegro but I do not have their passport yet as I just wanted to become a US citizen since I lived most of my life here.

Should I give it a go a apply again using my wife who is born in the US and I was married to her for more than 10 years? First time I applied was before I was married about 15 years ago. Maybe this time they will at least reply with an answer.
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Even if you apply for naturalization again, you would still apply under the 5-year rule. It is always preferable to use the 5-year rule rather than the 3-year rule (for being married to a U.S. citizen) when both are available.

Your passport and nationality are not really relevant. It just matters that you are a permanent resident. You would put your place of birth as Montenegro but that doesn't mean you have to have their nationality or anything like that. I don't know why the application kind of disappeared like that. Maybe you could ask your Congressman or Senator to look into it for you. But other than that, applying again makes sense.
 
Thank you newacct. I will certainly apply again. My passport states born in Italy but statehood or citizenship Yugoslavia (former) as my parents must have changed it when I was a child and had to live in Yugo with grandparents; thus, I have to enter that info on application. Just wish they would at least reply once I send application in. I do not understand why some coworkers at my job became citizens so quickly and they are recent immigrants while me who is here since mid 80s cannot even get a reply. I will apply once more and if no reply will have to contact someone like you said.

So, you suggest better to use the 5 year rule than my wife who is born here and I'm married to her over 10 years. I was thinking she would be more important in that sense.
 
If you apply with the 3 year rule there is more paperwork and they will scrutinize your marriage. So if you qualify for both, it's better to apply with the 5 year rule unless you have a disqualifying circumstance* that falls within the 5 year window but is outside the 3 year window.


*for example, a criminal conviction or excessive travel outside the US
 
Thank you Jackolantern.
Everything is perfect with my marriege (never problems) and I did not travel outside of US since mid 90s; only Mexico via cruise when it was allowed to go with green card==not sure if it is allowed these days) but, since both of you suggest go with the 5 year rule I will certainly do that.
 
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