N400, Passed interview then denied for early Interview!

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Sousou

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N400, Passed interview then denied for early Interview!
Green Card (GC) holder since 06/02/2006, (acquired through I-130 by my US Citizen son)
Applied for N-400 on 03/05/2011 (89 days prior to GC 5th anniversary)
Received I-797C dated 03/10/2011 (Receipt with $0.00 total Balance due)
Received I-797C dated 03/18/2011 (Appointment for Biometrics on 03/31/2011)
Received I-797C dated 04/07/2011 (Appointment for Interview on 05/25/2011, 8 days short from CG 5th yr anniversary)

The interview went smooth, I wrote, read and answered all the question, dated the form N400 and signed it; the Interviewing Officer gave me form N-652 with "Passed"... "Congratulation!"
Today, after two days have passed from the interview, I received a phone call from the same Interviewing Officer, who told me that my N-400 was "denied", because the interview date (05/25/2011) was one week short to my Green Card 5th year anniversary (Early Interview), and he said I'll be receiving a denial letter by mail soon.
My immediate thoughts were:
The Guide to Citizenship allowed me to file N-400 after 5 years permanent residence minus 90 days; and I did this (with minus 89 days);
It looks like I got lucky or had no issue at all, and for this reason my appication was processed quicker than average, in fact, Interview within only 81 days from submitting form N-400. But, unfortunately, this turned against me, because the interview was too early (8 days short), for this I got Denied for Citizenship! This is what the Officer told me over the phone, today.

Is this fair?!
I fully understand that the Officer must abide to the rules by the Law, but what was my mistake in this case?! Should I have called the USCIS and claimed that they were too early or too quick? Is it my duty to claim this to the USCIS and/or the Interviewing Officer? All I thought is that I must be Permanent resident for at least five years to become a US Citizen, which means to the Oath Ceremony.

I searched through all the forums, but couldn't find a similar case; I did find many cases of early Interview, but these seem to have been solved by simply postponing the Oath Ceremony until after the GC 5th anniversary; which in my case would have been until June 2nd, 2011.
I wonder what the denial letter would look like, and whether I still could do anything at all to revert this law abiding, but yet "out of my hand" issue.
I had marked "X" the coma A: "I have been a lawful permanent resident of the US for at least five years"
This is on form N-400, Page 1, Part 2 (Information about your eligibility).
In case this was considered a faulse declaration at the interview date, what about when I filed N-400 and dated it 03/05/2011, 89 days short to the GC 5th annuversary? Does this make any sence?

Thanks to all readers for your attention, and would appreciate a professional advice.
 
Hello, I'm in the same boat. I was also a couple of days short at the interview, all tough I had a total of more than 12 years in the US. I had my interview before your interview but I have not yet heard anything in my case. The officer told me that he would put my application on his desk for a few days. My service center is San Francisco. What is your "service" center ?
 
Sousou said:
N400, Passed interview then denied for early Interview!
Green Card (GC) holder since 06/02/2006, (acquired through I-130 by my US Citizen son)
Applied for N-400 on 03/05/2011 (89 days prior to GC 5th anniversary)
Received I-797C dated 03/10/2011 (Receipt with $0.00 total Balance due)
Received I-797C dated 03/18/2011 (Appointment for Biometrics on 03/31/2011)
Received I-797C dated 04/07/2011 (Appointment for Interview on 05/25/2011, 8 days short from CG 5th yr anniversary)

The interview went smooth, I wrote, read and answered all the question, dated the form N400 and signed it; the Interviewing Officer gave me form N-652 with "Passed"... "Congratulation!"
Today, after two days have passed from the interview, I received a phone call from the same Interviewing Officer, who told me that my N-400 was "denied", because the interview date (05/25/2011) was one week short to my Green Card 5th year anniversary (Early Interview), and he said I'll be receiving a denial letter by mail soon.
My immediate thoughts were:
The Guide to Citizenship allowed me to file N-400 after 5 years permanent residence minus 90 days; and I did this (with minus 89 days);
It looks like I got lucky or had no issue at all, and for this reason my appication was processed quicker than average, in fact, Interview within only 81 days from submitting form N-400. But, unfortunately, this turned against me, because the interview was too early (8 days short), for this I got Denied for Citizenship! This is what the Officer told me over the phone, today.

Is this fair?!
I fully understand that the Officer must abide to the rules by the Law, but what was my mistake in this case?! Should I have called the USCIS and claimed that they were too early or too quick? Is it my duty to claim this to the USCIS and/or the Interviewing Officer? All I thought is that I must be Permanent resident for at least five years to become a US Citizen, which means to the Oath Ceremony.

I searched through all the forums, but couldn't find a similar case; I did find many cases of early Interview, but these seem to have been solved by simply postponing the Oath Ceremony until after the GC 5th anniversary; which in my case would have been until June 2nd, 2011.
I wonder what the denial letter would look like, and whether I still could do anything at all to revert this law abiding, but yet "out of my hand" issue.
I had marked "X" the coma A: "I have been a lawful permanent resident of the US for at least five years"
This is on form N-400, Page 1, Part 2 (Information about your eligibility).
In case this was considered a faulse declaration at the interview date, what about when I filed N-400 and dated it 03/05/2011, 89 days short to the GC 5th annuversary? Does this make any sence?

Thanks to all readers for your attention, and would appreciate a professional advice.
Click to expand...

Having interview before the 5-th anniversary of the GC status does not constitute a valid reason for denying the N-400 application. You are officially allowed to apply up to 90 days before satisfying the continuous residency requirement (assuming that all the other requirements are satisfied at the time of filing). In such a situation, if the application is otherwise approvable at the time of the interview, they simply postpone the oath date until after the 5-th year GC anniversary.

It is possible that this was an inexperienced IO who simply made a mistake in applying the law. However, the denial letters are usually reviewed by supervisors, and in that case the mistake is likely to be caught before the denial letter is issued.

It also may be that you misunderstood something about the reason for denial or that the IO was not accuate about it when he talked to you on the phone.

Basically, you'd have to wait and see if the denial letter arrives and what it says. The denial letter would need to give a specific reason, citing a specific section of the INA, under which the application is being denied.

You could also try to schedule an INFOPASS now or contact the IO if you have his phone number, and request a clarification.
Something here does not add up.
 
My service center is San Antonio, Texas;
If the officer told you he'll put your appilication on his desk for a couple of days, it may well mean he'll wait untill you complete 5 yrs before he approves it.
good luck
 
That's what I would think. So I hope he has not lost my file. However, in your case - if it got denied - I would not appeal. Just file another application (I would do that if my case gets denied). I guess this would be easier, all though you'll loose another 680 bucks ....
 
This is one of the cases an infopass might work. Talk to the officer again and request to hold the case until the 5 years are complete. Also explain it is not your fault as everything you have done is as per the law. Hopefully it will either stop the denial letter processing and give you an opportunity to talk to the officer and see if there was some other misunderstanding. However, time is of essence. The sooner you can get this reversed via a administrative action, the better. Once you go beyond denial ... it is better to just file afresh, although your chances of winning the appeal and getting your appeal money back will be high ... but it takes so much effort.
 
Until the actual 5 years have passed, the N-400 may not be approved, but that alone is not a legal reason to deny it. It is unlikely to get past a supervisor. Someone would have to take another look before letting a denial go out and it is unlikely that a second Officer will not pick up on that error, if in fact, that is the reason.
 
Although USCIS has the discretion in adjudicating your application before your GC anniversary instead of after it, doing so goes against the common principle which allowed you to send in your application in early in the first place.
Try scheduling an Infopass and request to speak with a supervisor. Calmly explain your situation and how you believe the IO could have easily waited the few days until after your GC anniversary to adjudicate the case. If that doesn't work, write the DO Director directly and again explain the situation.
 
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baikal3 said:
Having interview before the 5-th anniversary of the GC status does not constitute a valid reason for denying the N-400 application. .
Click to expand...
Unfortunately it does give USCIS the right to adjudicate the case on the merits of the evidence at interview. Since the OP did not have the required 5 years of permanent residency at the time of the interview, USCIS can adjudicate and deny the application based on not meeting the requirement of 8 CFR 316.2(a)(3). The fact that USCIS allows an applicant to submit an application up to 90 days before they have accumulated the 5 years of permanent residency and have scheduled the interview before the GC anniversary is irrelevant. How they decide to apply common sense is another issue.
 
Bobsmyth said:
Unfortunately it does give USCIS the right to adjudicate the case on the merits of the evidence at interview. Since the OP did not have the required 5 years of permanent residency at the time of the interview, USCIS can adjudicate and deny the application based on not meeting the requirement of 8 CFR 316.2(a)(3).
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Don't be absurd. No court will uphold a denial for this reason. It would totally go against Congressional intent of creating the 90-day headstart.
 
Jackolantern said:
Don't be absurd. No court will uphold a denial for this reason. It would totally go against Congressional intent of creating the 90-day headstart.
Click to expand...
Do you think so? Why is it then that USCIS continues to deny applicants who have applied early by not meeting one of the basic requirements at the time of the interview (5 years of legal permanent residency). There's nothing in the law that compels USCIS to adjudicate cases that were sent in early until after the GC anniversary date. Procedurally it would make sense to allow such cases to be adjudicated until after the applicant has meet the permanent residency requirements, but in reality nothing is written in the law that says USCIS must follow this course of action.
 
Bobsmyth said:
Do you think so? Why is it then that USCIS continues to deny applicants who have applied early by not meeting one of the basic requirements at the time of the interview (5 years of legal permanent residency).
Click to expand...

They don't. Unless they were already ineligible to apply at the time of filing the application, or otherwise would have failed to complete the requirements even if adjudication were delayed until the 5-year anniversary.

Similarly, people whose background checks haven't been completed as of the interview date technically haven't completed all the requirements for naturalization. But they don't deny people for that; if there is no other reason for denial, they'll postpone adjudication until the checks are done. Whether the interview happens before the 5-year anniversary or before background checks are done, in either case it is USCIS fault and denial for either reason would never be upheld in court.
 
Jackolantern said:
They don't.
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The OP's story confirms they do. It might not happen often but it certainly does happen.
Using background checks as an analogy is a bad example. The background checks are something USCIS is responsible for and initiates, whereas continuous residence is something the applicant is responsible for. A better example would be someone who is still on probation at the time of the interview. Nothing in the law compels USCIS to wait until after the applicant has finished probation to adjudicate the case, even if only by a few days.
 
8 CFR § 335.3 Determination on application; continuance of examination.

(a) The Service officer shall grant the application if the applicant has complied with all requirements for naturalization under this chapter. A decision to grant or deny the application shall be made at the time of the initial examination or within 120-days after the date of the initial examination of the applicant for naturalization under §335.2. The applicant shall be notified that the application has been granted or denied and, if the application has been granted, of the procedures to be followed for the administration of the oath of allegiance pursuant to part 337 of this chapter.

(b) Rather than make a determination on the application, the Service officer may continue the initial examination on an application for one reexamination, to afford the applicant an opportunity to overcome deficiencies on the application that may arise during the examination. The officer must inform the applicant in writing of the grounds to be overcome or the evidence to be submitted. The applicant shall not be required to appear for a reexamination earlier than 60 days after the first examination. However, the reexamination on the continued case shall be scheduled within the 120–day period after the initial examination, except as otherwise provided under §312.5(b) of this chapter. If the applicant is unable to overcome the deficiencies in the application, the application shall be denied pursuant to §336.1 of this chapter.
 
Bobsmyth said:
8 CFR 335.3 confirms that USCIS has the discretion on how to adjudicate such cases.
Click to expand...

Even if that regulation granted such discretion, denial for having an interview before the 5-year anniversary would be an abuse of discretion that would be overturned in court.
 
Bobsmyth said:
The OP mentioned the IO called him and said it was denied, and that he'll be getting a denial letter soon. That pretty much confirms it.
Click to expand...

No actual denial letter though. A supervisor may decide against the denial before the letter is sent out. Time will tell what actually happens.
 
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