Sure that's a possibility, but considering the IO waited 2 days before telling OP about denial it sounds like the case already has been looked at by a supervisor.
N400, Passed interview then denied for early Interview!
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cafeconleche
Registered Users (C)
Unbelievable.
CalGreenCard
Registered Users (C)
As others have noted, you probably have to wait for the formal denial notice--if and when it comes--hopefully a supervisor will yet look at your application and see that it should be approved.
I wonder, though, if the officer thought you'd applied prior to the 90 day window beginning--and didn't communicate the information properly. Is the 89 days noted above on 3/5/2011 the date of mailing or the date of receipt? I've never been clear whether the 90 day rule applies to the date of mailing the application--or the date it is received by USCIS.
I do know that it is generally advised to allow a few days' extra time in filing the application to avoid the kind of mistakes you are encountering. That shouldn't really be necessary but sometimes when dealing with bureaucrats...
Anyways hopefully your situation will become clearer soon and you'll know whether it goes through after all, you should re-apply, or you should appeal.
Jackolantern
Registered Users (C)
When exactly did you mail it? Did you drop it in the mail (or with Fedex/UPS/etc.) before the 90-day mark, with the expectation that it would arrive after the 90-day mark?
And what is the signature date that you wrote? Was the signature date before the 90-day mark? Or did you forward-date the signature to a date after your mailing date?
I applied on 03/05/2011, 89 days prior to GC 5th anniversary, which is the 06/02/2011; My interview was on 05/25/2011 = 8 days short to GC 5th anniversary.
The question is WHO is in fault here:
1) USCIS who gave me the interview appointment 8 days earlier;
2) the IO who interviewd me and issued form I-652 with "Passed" and "Congratulation!", without realizing that interview date was 8 days short;
3) Myself, who should have asked to postpone my interview for after the GC 5th anniversary.
I can only only comment the 3rd coma: when N-400 allowed me in Part 2 coma A, to mark "X" "I have been a lawful permanent resident of the US for at least five years", and this was on te day I submitted the N-400 (89 days shorter), how come this wasn't considered a descpancy, while 8 days shorter is considered a valid reason for denial!
Regarding the denial letter, I have received an e-mail from USCIS-CaseStatus@dhs.gov sating a Denial, but I did not yet receive the letter itself; I had asked the IO over the phone to kindly hold the dispatch of the letter until some misunderstanding is cleared... he promissed he'll hold it until next Tuesday (06/01/2011), but this would be the first working day after the long weekend and Memorial Day!
I doubt I can make it in clearing this issue in time, because I think once the denial is issued, I'll not be able to readjust at local administrative levels.
Please advise what is meant by "Initial Interview" and "Final Interview"? can the Oath Ceremony itself be considered "Final Interview" or is it the oath made in the IO's office?
The question is WHO is in fault here:
1) USCIS who gave me the interview appointment 8 days earlier;
2) the IO who interviewd me and issued form I-652 with "Passed" and "Congratulation!", without realizing that interview date was 8 days short;
3) Myself, who should have asked to postpone my interview for after the GC 5th anniversary.
I can only only comment the 3rd coma: when N-400 allowed me in Part 2 coma A, to mark "X" "I have been a lawful permanent resident of the US for at least five years", and this was on te day I submitted the N-400 (89 days shorter), how come this wasn't considered a descpancy, while 8 days shorter is considered a valid reason for denial!
Regarding the denial letter, I have received an e-mail from USCIS-CaseStatus@dhs.gov sating a Denial, but I did not yet receive the letter itself; I had asked the IO over the phone to kindly hold the dispatch of the letter until some misunderstanding is cleared... he promissed he'll hold it until next Tuesday (06/01/2011), but this would be the first working day after the long weekend and Memorial Day!
I doubt I can make it in clearing this issue in time, because I think once the denial is issued, I'll not be able to readjust at local administrative levels.
Please advise what is meant by "Initial Interview" and "Final Interview"? can the Oath Ceremony itself be considered "Final Interview" or is it the oath made in the IO's office?
Jackolantern
Registered Users (C)
Yes, we saw that in your original message, but could you clarify specific details about the signing date and mailing date, as I asked in post #24?
N-400 was dated 03/05/2011 and was mailed by UPS the same day.
Received date / Priority date on all USCIS letters: March 08, 2011
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
Received date / Priority date on all USCIS letters: March 08, 2011
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
Jackolantern
Registered Users (C)
I don't see any basis on which USCIS would say you applied too early.
Right now all you can do is wait and hope the denial will be overturned by a supervisor before the letter is sent.
Right now all you can do is wait and hope the denial will be overturned by a supervisor before the letter is sent.
Jackolantern
Registered Users (C)
I know that's what they said, I was just wondering if they might have meant to say that you applied too early, because denial for interviewing too early just doesn't make sense.
Of course , it's always hard to know the whole story when people post on this forum , but it seems that there is an issue at the time when the N-400 application is received by the service center.
I have read many posts , saying that they were denied at the time of the interview when the problem could have been easily picked up before and could have saved money and time to the applicant .
I have found over the years and specially during my naturalization process the customer service center completely useless, they repeat what people see on the web site and it always feel like talking to machines.
If part of the fees we pay covers that department , I don't feel that money well spent .
USCIS needs to have a better check system at the time when the applications arrive to make sure that they are eligible to continue the process and that would probably help speed up things for everybody else .
The immigration and naturalization process has improved tremendously over the last 10 years , but there are still some issues that should simply not happen.
As far as my local USCIS office is concern , i can only praise them for the efficiency and professionalism they have demonstrated over my naturalization process.
I have read many posts , saying that they were denied at the time of the interview when the problem could have been easily picked up before and could have saved money and time to the applicant .
I have found over the years and specially during my naturalization process the customer service center completely useless, they repeat what people see on the web site and it always feel like talking to machines.
If part of the fees we pay covers that department , I don't feel that money well spent .
USCIS needs to have a better check system at the time when the applications arrive to make sure that they are eligible to continue the process and that would probably help speed up things for everybody else .
The immigration and naturalization process has improved tremendously over the last 10 years , but there are still some issues that should simply not happen.
As far as my local USCIS office is concern , i can only praise them for the efficiency and professionalism they have demonstrated over my naturalization process.
sanjoseaug20
Registered Users (C)
there have been many cases where the applicant has received a call from immigration officer. it is not usual, but it happens.
How may of those denied contributed the faster processing by doing an early walk-in for Finger printing?
A lesson from this might be that applicants should request their local office for a reschedule of their application if they find that they are short of the qualifying period prior to naturalization (3 year, 5 year etc).
A lesson from this might be that applicants should request their local office for a reschedule of their application if they find that they are short of the qualifying period prior to naturalization (3 year, 5 year etc).
eastsidedude
Registered Users (C)
I did early FP.
Sorry but this really sounds like a hoax to me - there is no legal basis to deny an application just because the interview is before the GC anniversary.
Triple Citizen
Registered Users (C)
I also reckon a denial letter will not be sent. Most likely, the OP will receive an oath invitation after completing his full 5 years.
cafeconleche
Registered Users (C)
Hopefully we'll know today.
FYI,
I just got a text message and an e-mail that I'm scheduled for the oath (I guess Oakland). My interview was apx. 8(+/-) days BEFORE the 5-year date. However, I calculated the 90 days conservatively, so I MAILED it 87 days before. The sending date was calculated with Excel plus 2 days off on both ends. I applied the same rule also for all my travel dates, just to be on the safe side for 'out-of country-days'. I might have listed more days 'out-of country' than what they come up with, but I think it is just a safe strategy to calculate all your dates on a N400 conservatively (meaning give always a 3 days slack, two days if you don't know if the start/end dates are included in the USCIS officers calculation and one extra day if you're not sure how the spreadsheet it's doin' its math). However, Good luck to all !
Dago Red, the fast one ....
I just got a text message and an e-mail that I'm scheduled for the oath (I guess Oakland). My interview was apx. 8(+/-) days BEFORE the 5-year date. However, I calculated the 90 days conservatively, so I MAILED it 87 days before. The sending date was calculated with Excel plus 2 days off on both ends. I applied the same rule also for all my travel dates, just to be on the safe side for 'out-of country-days'. I might have listed more days 'out-of country' than what they come up with, but I think it is just a safe strategy to calculate all your dates on a N400 conservatively (meaning give always a 3 days slack, two days if you don't know if the start/end dates are included in the USCIS officers calculation and one extra day if you're not sure how the spreadsheet it's doin' its math). However, Good luck to all !
Dago Red, the fast one ....
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One of the requirements of naturlaization is to have 5 years of continuous residence as a LPR. If the applicant does not meet that requirement at interview, USCIS is within their legal power to deny such a case.
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