Naturalization interview- Passed but could not give decision

O

okieowl

Registered Users (C)
Hi!

Today I took my interview for naturalization second time. Last time it was denied a year and half ago because of "Breach in the continuous Residency". I passed the test but the IO could not give any decision. As I had a closed case of Beer Sales to Minor,she said she needs to talk to her supervisor. But when I applied last time with the same case they did not ask about it.I provided the court disposition report previously and for the current application.

the IO said they will mail me the result within 2/3 weeks. Is there any hope for me to get the US Citizenship this time?
 
I think you should be alright but USCIS does have final say so of whether to approve the case or not.

I think it's normal procedure for the IO to talk to their supervisor to ensure that he/she didn't overlook anything and that everything is in order.

Wish you the best :)
 
Okieowl, would you mind sharing details of the travel profile that caused you to get denied first time around?

thanks.
 
Disclaimer: I am just another N-400 applicant

You will most likely be alright, I would think.

boatbod said:
Okieowl, would you mind sharing details of the travel profile that caused you to get denied first time around?

thanks.
Click to expand...

Yeah, Okieowl, it would be great if you could post circumstances/your travel profile that caused the denial based on CR the first time. There are several people on this forum who could benefit from your experience. Thanks.
 
Thanks for your support..The IO asked for my DL and GC and matched my name and address first. As I changed my address recently, she updated that. I changed my name too..so she gave me 2 copies of a paper to sign with my previous name in full. Then she asked for the passport to verify the travel dates with the N-400. And I was asked to answer few questions from the N-400.She asked me few questions about my marital status.She asked me about the Selective Service Registration and Tax. And then came to the Criminal Records section. I explained what happened and provided the court disposition paper.Then I had to sign the N-400 with both previous and new name in Full.

Then she tested me the English and US History questions..
Obviously I answered all the questions.

Then I was told that I passed the test but She needs to talk to her supervisor and it will take 2/3 days and will send me the decision within 2/3 weeks.

Previously, on my interview,

I was asked almost same questions and was told to provide the Court Dispositions paper and Copies of my passport. The last application was declined due to Breach in the continuous residency as I stayed out of US for 2 years with a reentry permit.I forgot to apply for the continuous residency status petition that time.They mentioned the date when I will be eligible to apply again.
 
Last edited by a moderator:
Hi okiewol:

May I ask you if those 2 years you were outside the US with a re-entry permit were within the last 5 years before you applied for citizenship or during your whole time as a LPR ?

Also, did you tell them you were outside the US for 2 years or that was writting in your N-400 application? if not, how did they found out? :)

Your feedback would be wonderful! Thank you :)
 
Additionally, did you have any return trips to the US during that two year period when you were residing overseas?

- just curious, as the topic of making 6-monthly visits to circumvent natz residency rules comes up quite frequently.
 
fjmb23 said:
Hi okiewol:

May I ask you if those 2 years you were outside the US with a re-entry permit were within the last 5 years before you applied for citizenship or during your whole time as a LPR ?

Also, did you tell them you were outside the US for 2 years or that was writting in your N-400 application? if not, how did they found out? :)

Your feedback would be wonderful! Thank you :)
Click to expand...

I become LPR in 1998. And I stayed only 23 days in US and left. I came back to US after 356 days and stayed 3 months and left again with the reentry permit.I stayed whole 2 years out of US without any return trip to US. I returned in 2001. I applied for naturalization in October,2004 with the help of a Lawyer.He took almost $4400 saying that he will help me to be citizen and bring my wife with K visa,etc. The USCIS gave me appointment in March,2006. And they declined it.

All of my trips were mentioned in the N-400.

USCIS started the new continuous residency time from my last last trip back to US in 2001. And since then I never stayed more than 5 and half months out of US. So, According to USCIS I become eligible for naturalization this year March.

Note:

That Lawyer did not contact me anymore. He actually never checked my paper carefully and I would have saved lot of money.
 
Last edited by a moderator:
Somewhat similar situation

Hi okieowl,

I am in a somewhat similar situation. I spent 1 year in Europe going to graduate school, but made trips back to the US every few months. I took a Leave of Absence from my employer for the one year, paid my taxes, maintained a residence in the US, etc. During my interview, the IO asked me alot of questions about this but I explained that I did not break continuous residence as my study abroad was a temporary reason with intent to return (which I did). I also had 10 year old traffic violation and I gave the IO the court disposition. She gave me a form saying "A decision will be mailed to you" as she had to check with her supervisor.

She told me I should hear in the next few weeks. In this forum, there are people that hear back within few days, few weeks, or they are still waiting after several months!

A point about your case- the first trip you made abroad for 356 days in 1998. Based on your description, you did not return to the US within 6 months. That coupled with the fact that you again left for 2 years (eventhough it was with a re-entry permit this time), probably caused the first denial. The good thing is, they let you re-apply so its not a denial with deportation proceedings- those are horrible.

Let's keep our fingers crossed and hope that we both get our oath letters soon!

By the way, DO is NYC, what is yours?
 
Wait for 3-4 weeks and if you still haven't heard then write a letter to the Officer who IVed you. Many people have been in your position and then got approval so don't worry till you hear from them.
 
You must log in or register to reply here.
Top