My interview....I can't believe it!!!

G

goro

Registered Users (C)
I had my interview today in Newark, NJ. As soon as I came to the office for the interview, the officer said that I had filed my application 1 day earlier and they cannot process it! I was in shock, and I was telling it's a small mistake, and that I'd like to speak about it to supervisor. So eventually she did interview with me, and I passed everything successfully. She gave me document which says that I had an interview, and that the decision cannot be made(due to priority date). Later I talked to the supervisor, but she said there's nothing she can do. OMG!!! I can't believe it!

Earliest day of submission was June 25, Saturday; and I believe they are closed on Saturdays, so there's no way they could have processed my application on Saturday. So when I mailed my application, they received it on June 24(unfortunately), and that date had become my priority date. Since I received confirmation with this date, I had just assumed that it's fine and it's not a big deal. And only today I find out that this is a problem. 1 day, just one day!!! I can't believe I made that mistake!

But anyway, what can I do in this situation?
Is it reasonable to ask congressman's help?
If I have to reapply, can I request a refund? Will I have to go through same timeline again or it'll be faster? Will I have to go for FP again?


I also was planning to go back to my country for dental problems. I have a very bad situation with my teeth and it'll cost me around $15000 to fix them here in USA (by the way I don't have that amount). And the treatment takes at least 4-5 months, may be more. Back in my country it's much cheaper. If I reapply, can I go back to my country to do my dental problems while my application's pending?
 
I can't believe this! Have they denied your application or is the decision still pending?

Also, did they discuss your continuous residence issue during the interview?

Lets wait and hear from seniors of this forum like Jackolantern, Bigjoe5, Bobsmyth etc.,. To deny based on filing just 1-day earlier seems really harsh.
 
NotBonJovi said:
I can't believe this! Have they denied your application or is the decision still pending?

Also, did they discuss your continuous residence issue during the interview?

Lets wait and hear from seniors of this forum like Jackolantern, Bigjoe5, Bobsmyth etc.,. To deny based on filing just 1-day earlier seems really harsh.
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No, they didn't actually deny. They just told they couldn't process it. I guess it's the same as "denied". I will have to receive final decision letter in the mail. It'll say an actual decision there.
Yes, they discussed my continuous residence, I had whole bunch of docs with me, but she took only my bank statements for that period and she was satisfied. She didn't want anything else.
 
goro said:
I had my interview today in Newark, NJ. As soon as I came to the office for the interview, the officer said that I had filed my application 1 day earlier and they cannot process it! I was in shock, and I was telling it's a small mistake, and that I'd like to speak about it to supervisor. So eventually she did interview with me, and I passed everything successfully. She gave me document which says that I had an interview, and that the decision cannot be made(due to priority date). Later I talked to the supervisor, but she said there's nothing she can do. OMG!!! I can't believe it!

Earliest day of submission was June 25, Saturday; and I believe they are closed on Saturdays, so there's no way they could have processed my application on Saturday. So when I mailed my application, they received it on June 24(unfortunately), and that date had become my priority date. Since I received confirmation with this date, I had just assumed that it's fine and it's not a big deal. And only today I find out that this is a problem. 1 day, just one day!!! I can't believe I made that mistake!

But anyway, what can I do in this situation?
Is it reasonable to ask congressman's help?
If I have to reapply, can I request a refund? Will I have to go through same timeline again or it'll be faster? Will I have to go for FP again?


I also was planning to go back to my country for dental problems. I have a very bad situation with my teeth and it'll cost me around $15000 to fix them here in USA (by the way I don't have that amount). And the treatment takes at least 4-5 months, may be more. Back in my country it's much cheaper. If I reapply, can I go back to my country to do my dental problems while my application's pending?
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What is the "resident since" date on your green card?
What was the "received" date on the N-400 receipt notice?
 
goro said:
But anyway, what can I do in this situation?
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The clock starts the day they receive your application. They received it on June 24 which you confirmed to be early by one day.
The only thing you can do at this time is wait for the rejection or denial letter and reapply again since you originally failed to meet the eligibility requirements.
 
baikal3 said:
What is the "resident since" date on your green card?
What was the "received" date on the N-400 receipt notice?
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Resident since 9/23/2006
Received date 6/24/2011. Uscis calculator says earliest day for me was 6/25/11. I just wanted to make sure they would receive it by 25th since it was Saturday but I never wanted June 24th priority date on my case.:(((
 
goro said:
.. but I never wanted June 24th priority date on my case.:(((
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You took a gamble by sending it in before your eligibility date and unfortunately you lost the gamble. Think of it this way: Would you ask a casino to reconsider a bet you lost if it wasn't your original "intention" of placing the bet?
 
Did the Officer or supervisor ask if you would withdraw the N-400? If yes, you should have done it because now your denial is a low priority decision and they'll get to it when they get to it. Your file might be in transit (in limbo) for a while.

You appear to have other issues to be concerned about. You may be about to go abroad for an extended period in which you stand a chance of breaking residence.

Maybe you should wait until you get back before bothering to re-apply.
 
BigJoe5 said:
Did the Officer or supervisor ask if you would withdraw the N-400? If yes, you should have done it because now your denial is a low priority decision and they'll get to it when they get to it. Your file might be in transit (in limbo) for a while.

You appear to have other issues to be concerned about. You may be about to go abroad for an extended period in which you stand a chance of breaking residence.

Maybe you should wait until you get back before bothering to re-apply.
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No they didn't ask me anything. They just told I would have to send application again and do everything from scratch. So I was wondering if I can at least get my refund. And if I have to do FP again?
 
goro said:
No they didn't ask me anything. They just told I would have to send application again and do everything from scratch. So I was wondering if I can at least get my refund. And if I have to do FP again?
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No refund. You pay for an adjudication (a legal analysis) not for the benefit.

You will have to pay the biometrics fee and probably be fingerprinted again.
 
No Issue

It happened with wife application but the officer told her that she cannot process it on the day of interview/decision and put a date on the form for next day and later got processed and now had her Oath in few days. If they have not denied then they will process it specially if they already took your interview. It did took a 40 days for her to get the status change and that again here in our state which is pretty fast, no idea where you live...I will say if they have not denied then your application is still active, here is what I will do , engage a immigration attorney for consultancy , pay him 50-100$ (Normal first consultancy fees) and ask him what to do rather then wasting your time . Also congressman and senator has nothing to do it with it. If you really do not want to waste more time then reapply with new fees and do not think too much about 600$ ...It is worth it...
 
BigJoe5 said:
No refund. You pay for an adjudication (a legal analysis) not for the benefit.

You will have to pay the biometrics fee and probably be fingerprinted again.
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Not to justify myself but I have latest edition of "How to Become US Citizen" and I was following its guidelines when applying. In that book it says that if applicant files application earlier than eligible date, the applicant will receive a letter from USCIS stating that he/she applied early and that they cannot process the application. In my case this is the only thing I was concerned when they received my application on June 24th, I thought it would get denied right there but they didn't, they approved it. I believe it was their mistake and I paid for it.
I called USCIS and they told that I could request a refund. But it's up to them to issue the refund or no. Anyway I guess I'll have to wait for final decision letter.
 
cooluswiz said:
It happened with wife application but the officer told her that she cannot process it on the day of interview/decision and put a date on the form for next day and later got processed and now had her Oath in few days.
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Goro applied 1 day prior to the 90-day window before the 5-year anniversary. Apparently your wife's issue is that her interview was before the 5-year (or 3 year) GC anniversary, which is a very different situation with a simple remedy. Applying too early and interviewing too early have very different consequences.
 
goro said:
Not to justify myself but I have latest edition of "How to Become US Citizen" and I was following its guidelines when applying. In that book it says that if applicant files application earlier than eligible date, the applicant will receive a letter from USCIS stating that he/she applied early and that they cannot process the application. In my case this is the only thing I was concerned when they received my application on June 24th, I thought it would get denied right there but they didn't, they approved it. I believe it was their mistake and I paid for it.
I called USCIS and they told that I could request a refund. But it's up to them to issue the refund or no. Anyway I guess I'll have to wait for final decision letter.
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When you apply too early, the usual procedure is to return your whole application package unprocessed, including the check. But they're not obligated to do that. Once you submit the application, they have the right to cash the check and initiate processing even if you are ineligible, and the fee is nonrefundable once they do that. You will be denied, and you will not get the money back.
 
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Mail

goro,

What service did you use to send your application that your paperwork reached USCIS on the 24th instead of the 25th. Did you use FedEx or USPS overnight delivery? When did you mail it? If you wanted your envelope to reach the USCIS lockbox on Saturday, I would not have mailed it any day before Thursday. I wonder what happened & what went wrong here.....

I would suggest you talk to a good attorney in your city and let him/her take over and handle your case from this point onwards. The attorney may have some kind of idea or suggestion to resolve this particular situation. Don't worry. I have a feeling something will workout.

Good luck.
 
goro said:
Not to justify myself but I have latest edition of "How to Become US Citizen" and I was following its guidelines when applying. In that book it says that if applicant files application earlier than eligible date, the applicant will receive a letter from USCIS stating that he/she applied early and that they cannot process the application. In my case this is the only thing I was concerned when they received my application on June 24th, I thought it would get denied right there but they didn't, they approved it. I believe it was their mistake and I paid for it.
I called USCIS and they told that I could request a refund. But it's up to them to issue the refund or no. Anyway I guess I'll have to wait for final decision letter.
Click to expand...

For an N-400, there are a variety of sections of law under which you can apply. There are: regular 5 years, 3 years marriage based, military based, married to a USC employed abroad, and more. The folks in the lockbox mailroom don't make a decision on an N-400 because it is so complex.

The type of thing that would be rejected as filed early is an I-485 based on a Priority Date that is not current on the Visa Bulletin.
 
Jackolantern said:
When you apply too early, the usual procedure is to return your whole application package unprocessed, including the check. But they're not obligated to do that.
Click to expand...
According to a USCIS stakeholder meeting last year, the lockbox review process should reject an applicant who has not met eligibility requirements.

'Rejecting naturalization applications because the applicant had not been a permanent resident for the required eligibility period is one of the criteria that the Lockbox reviews when accepting applications."

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=249f44ee95dea210VgnVCM100000082ca60aRCRD&vgnextchannel=c8b95fae4be5e210VgnVCM100000082ca60aRCRD
 
Bobsmyth said:
According to a USCIS stakeholder meeting last year, the lockbox review process should reject an applicant who has not met eligibility requirements.

'Rejecting naturalization applications because the applicant had not been a permanent resident for the required eligibility period is one of the criteria that the Lockbox reviews when accepting applications."

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=249f44ee95dea210VgnVCM100000082ca60aRCRD&vgnextchannel=c8b95fae4be5e210VgnVCM100000082ca60aRCRD
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Hey thanks a lot buddy. That's very useful information. Do you think I can do anything practically showing them that they have to review it, and it's their mistake?
 
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