My Mother's N-400 application was just recently denied due to residency requirements. She had not lived in the uscis district filed from for 3 months. While this was expected by me as we had realized this after filling but the thing that annoy' us is that the application was denied after she was finger printed and interviewed her. She passed the interview too. In the denial letter they have said that she can appeal with a $600.00. We have decided to file a new application. Has anyone gone through this situation and taken a different route than us in getting the citizenship? Thanks.
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N-400 denied on residency requirement
- Thread starter mehul711
- Start date
chikoo2008
Registered Users (C)
My Mother's N-400 application was just recently denied due to residency requirements. She had not lived in the uscis district filed from for 3 months. While this was expected by me as we had realized this after filling but the thing that annoy' us is that the application was denied after she was finger printed and interviewed her. She passed the interview too. In the denial letter they have said that she can appeal with a $600.00. We have decided to file a new application. Has anyone gone through this situation and taken a different route than us in getting the citizenship? Thanks.
Refiling is a good idea. Appeal would take longer.
Jackolantern
Registered Users (C)
Would you prefer them to just reject people's applications outright without giving them a chance to correct or explain anything in the interview?My Mother's N-400 application was just recently denied due to residency requirements. She had not lived in the uscis district filed from for 3 months. While this was expected by me as we had realized this after filling but the thing that annoy' us is that the application was denied after she was finger printed and interviewed her.
Many people make mistakes when they fill out the N-400. A date mistakenly written as X/Y/Z could have been intended as Y/Z/X which would make the difference between denial and approval. They are not going to reject it before the interview unless the fee is wrong or the application was filed before the 5-years-minus-90 days date (or 3 years minus 90, for marriage to USC), because what is written on the N-400 is not final until it is discussed in the interview.
My Mother's N-400 application was just recently denied due to residency requirements. She had not lived in the uscis district filed from for 3 months. While this was expected by me as we had realized this after filling but the thing that annoy' us is that the application was denied after she was finger printed and interviewed her. She passed the interview too. In the denial letter they have said that she can appeal with a $600.00. We have decided to file a new application. Has anyone gone through this situation and taken a different route than us in getting the citizenship? Thanks.
Unfortunately, I cannot answer your question but would like to ask you to provide more details. I am worrying about my situation. I did not live at the same address for 3 months before applying (only 1.5 months) but I had been living in the same state and district for about 1 year (i.e. I changed my address in the same state/district 1.5 months after I had sent my N-400). As I understand, USCIS requirement is to live 3 months in the same state/district (not necessarily at the same address) which I met (I asked that questions in this forum and also addressed it to my lawyer before submitting my application. All the responses were positive.) For some reason I am still worrying. Is your mother situation the same or did you come from a different state or district and did not wait for 3 months before submitting N-400? As I understand, this denial should not affect GC. Correct? Will she need to take the test again if you re-apply?
Thank you.
chikoo2008
Registered Users (C)
It doesn't matter if you move within the same state. If you move to another state then the 90 day residency law applies.
My mother's case is different than yours. You have moved into the same district and should not matter requirement. My mother had moved from different state/district. This does not affect the GC status, we will be refiiling the application. I am sure they will go thru entire process again , she will be finger printed again, will have appear for the interview and take the new test as now we are filling after Oct 1, 2008. Thanks.
Unfortunately, I cannot answer your question but would like to ask you to provide more details. I am worrying about my situation. I did not live at the same address for 3 months before applying (only 1.5 months) but I had been living in the same state and district for about 1 year (i.e. I changed my address in the same state/district 1.5 months after I had sent my N-400). As I understand, USCIS requirement is to live 3 months in the same state/district (not necessarily at the same address) which I met (I asked that questions in this forum and also addressed it to my lawyer before submitting my application. All the responses were positive.) For some reason I am still worrying. Is your mother situation the same or did you come from a different state or district and did not wait for 3 months before submitting N-400? As I understand, this denial should not affect GC. Correct? Will she need to take the test again if you re-apply?
Thank you.
According to me, such mistakes(fundamental filling requirements) should be identified at the beginning of the process rather than at the end of the process. They should NOT proceed with finger printing, interview and test untill the applications are fully satisfied with the basic fundamental requirements. This can save time on both sides. In my mother's case if they had identified non fullfillment of a requirement before the finger printing and interview/test was done than lot of time could have have been saved. This was not even brought up in the interview with my mother. During the interview, they had brought up the issue with her birthday certificate and we fullfilled that within a month. After that they identified and denied the application. We had thought that they have by-passed the reqirement as she was finger printed, interviewed, passed test and affidavit submitted instead of birth certificate. Thanks.
Would you prefer them to just reject people's applications outright without giving them a chance to correct or explain anything in the interview?
Many people make mistakes when they fill out the N-400. A date mistakenly written as X/Y/Z could have been intended as Y/Z/X which would make the difference between denial and approval. They are not going to reject it before the interview unless the fee is wrong or the application was filed before the 5-years-minus-90 days date (or 3 years minus 90, for marriage to USC), because what is written on the N-400 is not final until it is discussed in the interview.
According to me, such mistakes(fundamental filling requirements) should be identified at the beginning of the process rather than at the end of the process. They should NOT proceed with finger printing, interview and test untill the applications are fully satisfied with the basic fundamental requirements. This can save time on both sides. In my mother's case if they had identified non fullfillment of a requirement before the finger printing and interview/test was done than lot of time could have have been saved. This was not even brought up in the interview with my mother. During the interview, they had brought up the issue with her birthday certificate and we fullfilled that within a month. After that they identified and denied the application. We had thought that they have by-passed the reqirement as she was finger printed, interviewed, passed test and affidavit submitted instead of birth certificate. Thanks.
Actually, FPs are valid for 15 months and name check is valid for 12 months (I'm not entirely positive on the name check part, but I believe 12 months is the correct number). If your mother's original case was processed quickly, more likely than not her new application will not require the FP/name check, as the results of those are already stored in the USCIS computers.
Jackolantern
Registered Users (C)
It is important to do the fingerprinting anyway because if the applicant is a felon or terrorist, they need to be arrested and deported regardless of whether they satisfy the fundamental filing requirements. Then the interview provides the opportunity to correct any dates or other answers that would affect the fundamental requirements. It is far more common for people to make mistakes when writing down a date or answering those yes/no questions, than it is for people to go ahead and file without meeting the fundamental requirements.According to me, such mistakes(fundamental filling requirements) should be identified at the beginning of the process rather than at the end of the process. They should NOT proceed with finger printing, interview and test untill the applications are fully satisfied with the basic fundamental requirements.
On the same matter- n400/residency in the same USCIS district
Could someone please comment where this residency resuirement is written. It is not written in the instructions section of N-400 form. However, N-400 references another document M476. in page 24 of form M476, it is stated that "MOST PEOPLE REQUIRE A 3 MONTH RESIDENCY WITHIN THE STATE/USCIS DISTRICT". Now how do you apply "MOST PEOPLE" to any case.
I am in the same boat. My wife's application was accepted and she went thru the FP process and finally she went for interiew,passed the test. But the last minute she was told she had to be a resident of state of PA for last 3 months. We just moved from state of MA due to job obligation.
So citizenship is a federal matter, and please someone clarify this state requirement? and what is MOST PEOPLE indicate. If the rule does exists, how come it does not apply to ALL PEOPLE?
Thank you
Could someone please comment where this residency resuirement is written. It is not written in the instructions section of N-400 form. However, N-400 references another document M476. in page 24 of form M476, it is stated that "MOST PEOPLE REQUIRE A 3 MONTH RESIDENCY WITHIN THE STATE/USCIS DISTRICT". Now how do you apply "MOST PEOPLE" to any case.
I am in the same boat. My wife's application was accepted and she went thru the FP process and finally she went for interiew,passed the test. But the last minute she was told she had to be a resident of state of PA for last 3 months. We just moved from state of MA due to job obligation.
So citizenship is a federal matter, and please someone clarify this state requirement? and what is MOST PEOPLE indicate. If the rule does exists, how come it does not apply to ALL PEOPLE?
Thank you
Could someone please comment where this residency resuirement is written. It is not written in the instructions section of N-400 form. However, N-400 references another document M476. in page 24 of form M476, it is stated that "MOST PEOPLE REQUIRE A 3 MONTH RESIDENCY WITHIN THE STATE/USCIS DISTRICT". Now how do you apply "MOST PEOPLE" to any case.
I am in the same boat. My wife's application was accepted and she went thru the FP process and finally she went for interiew,passed the test. But the last minute she was told she had to be a resident of state of PA for last 3 months. We just moved from state of MA due to job obligation.
So citizenship is a federal matter, and please someone clarify this state requirement? and what is MOST PEOPLE indicate. If the rule does exists, how come it does not apply to ALL PEOPLE?
Thank you
If you look at the table on pages 18/19 of the M476 guide it cleary shows who the residence requirement applies to.
It does not apply to all people as some applicants wil be in the services and stationed overseas.
I remember back when I very first applied and my application was sent to another address due to an error on the check ... well the Lady they sent it to had her's also returned due to lack of residency requirement. I also remember that during that time there were a few topics where people had their applications returned because they didn't meet some kind of criteria. I guess they changed that now, stick your money in the pocket and then tell you oh you are denied.
Niiice USCIS, Very Niiice !
Niiice USCIS, Very Niiice !