It is a bit off topic, but I was always wondering what drives people to submit their N-400 on the very first acceptable day and even risking to be early? After waiting for years to apply for N-400, people are not willing to wait several extra days just to make sure everything goes smoothly?
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My interview....I can't believe it!!!
- Thread starter goro
- Start date
So, your resident since date was Feb 2nd? And your earliest date under INA was Nov 2nd, but under CFR Nov 4th? But you applied on Nov 3rd?PLEASE READY THIS AND DO REAPPLY DON'T WAIST TIME>
I was in the same situation in TN. Mine got there Nov3 instead of Nov 4th. My interview was fine I was recomande, because the IO did not explain to me what was the problem then almost 3months of waiting through my Senator then I found out that I did a mistake on the date. Contacted my IO, he said yes that is the case, and I ask him very politly what to do then I recalled him saying something like" there an issue with date, but it will be ok" during the interview. In my mind or my understanding, it was becuase I was within the 8 days to 5 years. I did not have any clue to the one day, being 91 days. Well, I ask him what to do he said: It will be denied just go head and file a new one.......Back again in the line? he said yes, and you will pay, firgerprinted,and interviewed.... I prayed and I did reapply on June 3, POD 6 and Sept 23 I did my Oath and passport in hand. JUST REAPPLY goro.
Yes, that is exactly the same situation
Did you mention you in fact applied on time? If not, they could not know you had a legal basis for your N-400 to be approved.
However, that shows that it is not as rare as I thought. WBH might be right - it might be possible to get a class action for money.
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Yes, another court decision Kazarian v. USCIS (2009)
http://www.ca9.uscourts.gov/datastore/opinions/2010/03/04/07-56774.pdf
USCIS may not “unilaterally impose novel substantive or evidentiary requirements beyond those set forth [in the law]"
So, in terms of the length of the 3-month requirement they cannot restrict it further to 90 days.
http://www.ca9.uscourts.gov/datastore/opinions/2010/03/04/07-56774.pdf
USCIS may not “unilaterally impose novel substantive or evidentiary requirements beyond those set forth [in the law]"
So, in terms of the length of the 3-month requirement they cannot restrict it further to 90 days.
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wxeq69
Did you wait for "final decision" letter? Did it ever come to your mail, or you just went ahead and reapplied? Did you try "Expedite" service when you reapplied?
PLEASE READY THIS AND DO REAPPLY DON'T WAIST TIME>
I was in the same situation in TN. Mine got there Nov3 instead of Nov 4th. My interview was fine I was recomande, because the IO did not explain to me what was the problem then almost 3months of waiting through my Senator then I found out that I did a mistake on the date. Contacted my IO, he said yes that is the case, and I ask him very politly what to do then I recalled him saying something like" there an issue with date, but it will be ok" during the interview. In my mind or my understanding, it was becuase I was within the 8 days to 5 years. I did not have any clue to the one day, being 91 days. Well, I ask him what to do he said: It will be denied just go head and file a new one.......Back again in the line? he said yes, and you will pay, firgerprinted,and interviewed.... I prayed and I did reapply on June 3, POD 6 and Sept 23 I did my Oath and passport in hand. JUST REAPPLY goro.
Did you wait for "final decision" letter? Did it ever come to your mail, or you just went ahead and reapplied? Did you try "Expedite" service when you reapplied?
I was wondering the exact same thing. I was eligible to apply in 2007 just did it last month. Ok maybe waited a little too much, but my GC still good until next year so why rush.It is a bit off topic, but I was always wondering what drives people to submit their N-400 on the very first acceptable day and even risking to be early? After waiting for years to apply for N-400, people are not willing to wait several extra days just to make sure everything goes smoothly?
The only thing would be the OP's dental issues that might need immediate attention...
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Jackolantern
Registered Users (C)
Can a lawyer file class action lawsuits on behalf of all such people? Even though most of them are assumhed to get citizenship by re-filling already, each one can get $700 back (half of that money for those who filed before a few years ago). If 10000 such people can be collected, 1/3 of all refunds as contigency fee can still mean millions of dollars for
a lawyer
But most people who applied too early would have had the whole package returned including the check. So only the subset of early applicants for whom USCIS actually cashed the check could have a claim for a refund. Then out of those people, only a smaller subset would fall on the narrow threshold where they were eligible if counting 3 calendar months (as per INA) but deniable with the 90 day rule (as per the AFM/CFR).
In addition, it is only since 2007 that the naturalization fee reached the $600-$700 range. Right before that, it was $400, and in 2001 it was under $300. The further back you go the lower the fees are. Add it all up, and you have a small number of people most of whom paid the lower fees. Not a case attractive to an attorney, unless they're going to take the case pro bono in an attempt to build a reputation for themselves.
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It is a bit off topic, but I was always wondering what drives people to submit their N-400 on the very first acceptable day and even risking to be early? After waiting for years to apply for N-400, people are not willing to wait several extra days just to make sure everything goes smoothly?
These people do not know they are taking risk. We can take many thing for granted and only realize we are wrong later
Incognegro
Registered Users (C)
It is a bit off topic, but I was always wondering what drives people to submit their N-400 on the very first acceptable day and even risking to be early? After waiting for years to apply for N-400, people are not willing to wait several extra days just to make sure everything goes smoothly?
yea its unbelievable
Did you wait for "final decision" letter? Did it ever come to your mail, or you just went ahead and reapplied? Did you try "Expedite" service when you reapplied?
No as soon as I spoke to my IO, and by his confirmation with what my sanator said. I did not wait for the final decision to come as per his advise as well.
I sent out application on June 03,2011 and by June 29 the letter came. I called the 800.....and spoke with the 2nd officer. She said.." Sorry,yes, it is common.....what will happen is,they will consolidate your old application # with the new one". I was concerned for the duplicate application,but she re3sponded NO at all. Everything they told me happened. They consolidated my old application, and I think the decision for the first application came even faster in my opinion. They have to close the first one with denial,but that is not even your problem anymore, file a new one as soon as you can to be in the que. If that was the only issue for sure. Please file and don't waist time it happens. I know people says why we did it.....honestly I can not answear this question. I was shock that it happened to me, but for my wife no,as I did her calcutions as well. I am speaking from experiance. Imagine my interview was 01/26/11 and I hapen to know it in May from my sanator after a lot of email such...under review....decision in 30 days... finaly sanator responsed. Don't we all
learn in this life just different ways. Praying for you with my family. Very painful when we remember it, but we are americans, and that is want count.
God bless. Don't take advises for class actions.....appeal.....and more no, waist of time. I am travelling I hope this help you. Remember it is from experiance as well, one day only (91 days in stead of 90 days).
No as soon as I spoke to my IO, and by his confirmation with what my sanator said. I did not wait for the final decision to come as per his advise as well.
I sent out application on June 03,2011 and by June 29 the letter came. I called the 800.....and spoke with the 2nd officer. She said.." Sorry,yes, it is common.....what will happen is,they will consolidate your old application # with the new one". I was concerned for the duplicate application,but she re3sponded NO at all. Everything they told me happened. They consolidated my old application, and I think the decision for the first application came even faster in my opinion. They have to close the first one with denial,but that is not even your problem anymore, file a new one as soon as you can to be in the que. If that was the only issue for sure. Please file and don't waist time it happens. I know people says why we did it.....honestly I can not answear this question. I was shock that it happened to me, but for my wife no,as I did her calcutions as well. I am speaking from experiance. Imagine my interview was 01/26/11 and I hapen to know it in May from my sanator after a lot of email such...under review....decision in 30 days... finaly sanator responsed. Don't we all
learn in this life just different ways. Praying for you with my family. Very painful when we remember it, but we are americans, and that is want count.
God bless. Don't take advises for class actions.....appeal.....and more no, waist of time. I am travelling I hope this help you. Remember it is from experiance as well, one day only (91 days in stead of 90 days).
But anyway, have you ever received "final decision" letter? I'm thinking that once I reapply I want to mail them all copies of documents asking for a refund and "expedite" service.
So, your resident since date was Feb 2nd? And your earliest date under INA was Nov 2nd, but under CFR Nov 4th? But you applied on Nov 3rd?
Yes, that is exactly the same situation
Did you mention you in fact applied on time? If not, they could not know you had a legal basis for your N-400 to be approved.
However, that shows that it is not as rare as I though. WBH might be right - it might be possible to get a class action for money.
Remember is 90 days not 3 months. I have learned a lot since this step. By knowing your 5 or 3 years anniversary date then counting from that date down to 90 days, it is the only way you will got the Nov 4th. If you go with 3 months, it leads you in mistake (Nov 2), what happened to me. Yes, if the contractor of reviewing applications on reception are great enough to check clearly the requirments,and if they know it. I garanty you that they will help many. One thing we need to remember after reading some posts on this issue, is that every one, every case is different. My advise to you all, is to make sure you help NOT JUDGING because you don't know, but you assume. I know that we can not risk,but may be it needs to happen for someone else to learn that is how I took it on my case, beacuse I did count for my wife,but for myself, I made a mistake. Like I advised goro. Class action does not resolved it JUST MAKE SURE YOU USE ALL MEANS OF INFORMATION FROM USCIS SITE BEFORE SENDING IT. WITH THE CALCULATOR NOW ON THE USCIS SITE, I hope that it will help many. Honestly, it is our responsability to get it right. I struggled with the "WHY ME", but as I said may be I will never really know beside being a witness to goro. Blessings
But anyway, have you ever received "final decision" letter? I'm thinking that once I reapply I want to mail them all copies of documents asking for a refund and "expedite" service.
Yes, you missed it on my response to you. I did get the letter on June 29,2011 after I have mailled the,and done my fingerprints on June 17,2011 for the 2nd application. You will never get a refund. Remember it is your mistake, and honestly you will waist time for all of that. I did not expedite, because is not an option at the first time. You are considered as everyone else appliying as we speak. Your 2nd application will be a new case in the que. I do understand the frustrations, but it will not resolve what happened. I was in you shoes.....my church called the representive office to ask for refund....the answear was that : " is a waist of time" because is a responsability of an applicant to get it right. Trust me, we needed that refund, but it will be a long raod to be responded even, and may be never unless you appeal (6 months wait) you waist time. If you sendyour 2nd one without application fees, it will be returned ( rejected) to you. I am sharing my experiance, but I can not advise you for not doing what you think is your best choice. I was exactly in your choes, I chose the advises from my senator, and my IO. It went very smooth, and most of all we are americans. Especially witnessing God his love to others. I hope I am clear, as I said I am travelling. We are praying for you as you make these decisions. It was not easy for me and my family as well.
So, the answer to my question is, according to the fact you did not answer it, that you have not mentioned to the officer either at the original interview or during the 800 call, that you were in fact eligible and did not file early. And that is the reason we do not know his or her reaction to that.
So, the answer to my question is, according to the fact you did not answer it, that you have not mentioned to the officer either at the original interview or during the 800 call, that you were in fact eligible and did not file early. And that is the reason we do not know his or her reaction to that.
May be I am not clear enough. I did not even assum that I have made a mistake, for me Nov 3 on my notice was it. At the interview I did not have even a idea that I have done a mistake. As I said it was after my senator said you filled one day earlier and then I recounted again, they were right....I was shock, but too late. To 800.....I told her that I just found that I made a mistake by sending one day earlier.....and I just send new application what do I need to do with the first application , because I just recieved the notice with a new application here is the new #. She saw it in the system with the new # and then explained to me what she said. I hope I am clear,the important thing again is to make sure you count days as many time as you can, but with the calculator now on USCIS site, it will help many. Is that clear to you if not I can not help it better then. Blessings
It is a bit off topic, but I was always wondering what drives people to submit their N-400 on the very first acceptable day and even risking to be early? After waiting for years to apply for N-400, people are not willing to wait several extra days just to make sure everything goes smoothly?
Totally agreed! Nowadays the N-400 processing at most USCIS offices is pretty efficient and does not really last that long for straightforward cases. So instead of applying 90 days early, why just not wait an extra 10 days and apply 80 days early? It saves a lot of headaches. Also, for some local offices, the processing is now so fast that you have to wait for the oath ceremony if your interview was way before the 5-year (or 3-year) anniversary. So playing it safe is really saving a lot of potential headaches later.
So, as far as I understand you correctly, you described the whole story to the senator, mentioned to him that you had filed in time, provided all documents proving you had filed in time, and he answered you filed one day earlier?
Why did you tell anybody else then that you had filed one day earlier?
Why did you tell anybody else then that you had filed one day earlier?
So, as far as I understand you correctly, you described the whole story to the senator, mentioned to him that you had filed in time, provided all documents proving you had filed in time, and he answered you filed one day earlier?
Why did you tell anybody else then that you had filed one day earlier?
I think you know this. Your senator and Rep.of your district do have a case worker who can help you with any case. In the case of USCIS issues they
can follow up your case with you autorizing them to do so. Especially when you have not heard from USCIS in reasonable time you can contact your senator or Rep. of your district to assist you. There are steps to follow, and they will contact the USCIS for you then on. That is what I did when I was in almost 120 days after my interview. You don't tell anybody you sick assistance if you want or like. I hope this help a bit.
Anyway, if you never mention about the legal basis (I mean direct reference to the law), just about your understanding (I though it to be 3 months), that does not initiate any kind of research. The correct advice from you Senator would be not that your had applied too early, but that you were denied because they thought you had applied too early. And that is up to you whether to go further.
Yes, you missed it on my response to you. I did get the letter on June 29,2011 after I have mailled the,and done my fingerprints on June 17,2011 for the 2nd application. You will never get a refund. Remember it is your mistake, and honestly you will waist time for all of that. I did not expedite, because is not an option at the first time. You are considered as everyone else appliying as we speak. Your 2nd application will be a new case in the que. I do understand the frustrations, but it will not resolve what happened. I was in you shoes.....my church called the representive office to ask for refund....the answear was that : " is a waist of time" because is a responsability of an applicant to get it right. Trust me, we needed that refund, but it will be a long raod to be responded even, and may be never unless you appeal (6 months wait) you waist time. If you sendyour 2nd one without application fees, it will be returned ( rejected) to you. I am sharing my experiance, but I can not advise you for not doing what you think is your best choice. I was exactly in your choes, I chose the advises from my senator, and my IO. It went very smooth, and most of all we are americans. Especially witnessing God his love to others. I hope I am clear, as I said I am travelling. We are praying for you as you make these decisions. It was not easy for me and my family as well.
What did your final decision say? I was suggested to wait for it before reapplying because there might be a chance of approval after reviewing.
What did your final decision say? I was suggested to wait for it before reapplying because there might be a chance of approval after reviewing.
The below was the summary of it, and the important part to me. If the review was a chance, I guess they could have told you right there. They are very strict to this issue as per my senator. Again you are the final person in charge to make the decision. I went through the same thinking in my mind, but looking back, I made a right decision to reapply right the way. You are in different field office, and my help to you is for advice purpose only.
Title 8 CFR par 334.2(b) allows an applicant to file their application up to 90 days prior to the completion of the required period of residence. Therefore, the earliest you were eligible to file your N400 was November 4, 2011. You filed your application on November 3, 2010, one day before your first eligible date………….. You failed to establish your eligibility for citizenship. Consequently, this application is hereby DENIED………………Please note that you may be eligible to reapply for naturalization at your discretion as you now meet the residence requirements for naturalization defined by INA par 316.
The letter included the form to appeal with more legal information as well.