need help,filed n-400 2 days before the 90 days timeframe

W

wess76

Registered Users (C)
hello,
I just want to get some advice,i got the green card on 8/9/2005 and i sent N-400 application and the priority date was 5/10/2010 ,i know it's 2-3 days early but i didn't think that the application would be recevied that fast,
so should i withdraw my application then reapply??

thanks
 
My advise is keep quiet. If they accept it well and good. Or else you will receive your application back within a week or 10 days. Re-submit by changing the date .
 
Keeping quiet in the hopes that it will be accepted is bad advice. If you're not eligible to apply, your application will be denied sooner or later and you will be out $675. Instead, have your bank issue a stop payment on your check and send USCIS a registered letter requesting a withdrawal of your application, and then reapply once you have confirmed your application has been withdrawn.
 
Bobsmyth is exactly correct. It is a very bad idea to "keep quiet": the matter will still be discovered at the interview and the application will be denied then; the OP will lose a great deal of time in the process.

Wess76: Since your application was received on May 10, I assume the USCIS has already cashed your check, right? If not, you can try putting a stop payment order for that check through your bank.

In either case you need to withdraw the application and re-apply.
 
I saw some people in other forums that they did apply 2 to 3 days before the proper time and USCIS just they rejected it and sent all package back .
You can call 1.800 and see what they will say .
 
afrite said:
I saw some people in other forums that they did apply 2 to 3 days before the proper time and USCIS just they rejected it and sent all package back .
You can call 1.800 and see what they will say .
Click to expand...

There have also been cases reported in this forum where an application filed too early was denied at the interview. Sometimes the USCIS people who process the initial receipt of the applications do not check the math and assign a case number instead of rejecting the application and returning it immediately. This is what seems to have happened to the OP. In any event, the law does not allow the IO the discretion to approve an application filed before an applicant is eligible. Any such application must eventually be rejected.
 
Don't do a stop payment. You can get in trouble for that. USCIS is duly authorized to cash that check if they choose. If they attempt to cash it, they'll still demand the $675 and have you pay a penalty. And they almost surely cashed it already, given that they received it a month ago and generated a NOA with a priority date.
 
Last edited by a moderator:
thank you to all who took the time to respond to my post, i guess the safest thing to do is to withdraw the application and resubmit and pay the fees again.
my question which address should i send the letter to?? is it to the address on the receipt of the application or to the address i send the application to originally??

thanks
 
The receipt notice should provide instructions and the address for notifying USCIS about significant changes (such as your moving). Use that address to send them a letter withdrawing the application. The same receipt notice has a phone number for contacting them about your case; in addition to mailing them a letter, it is a good idea to notify the them about withdrawing the application by phone.
 
Jackolantern said:
If they attempt to cash it, they'll still demand the $675 and have you pay a penalty.
Click to expand...

Not if the applicant requests to withdraw the application due to filing too early. There's a difference between issuing a stop payment on an application that has been filed too early and one that otherwise meets the eligibility requirements.
 
The check must have been cashed long back. The priority date of 5/10 makes it exactly 90 days before GC date of 8/9. In all the cases of rejection for applying ahead of eligibility USCIS had been returning the application for resubmission. One could take chance and may get approved.

If you withdraw your application now, you definitely lose $675/- and lost more than a month. Worst case is further delay of 3 months. Worth taking a chance if you are not in an undue hurry.
 
madh4 said:
The check must have been cashed long back. The priority date of 5/10 makes it exactly 90 days before GC date of 8/9. In all the cases of rejection for applying ahead of eligibility USCIS had been returning the application for resubmission. One could take chance and may get approved.

If you withdraw your application now, you definitely lose $675/- and lost more than a month. Worst case is further delay of 3 months. Worth taking a chance if you are not in an undue hurry.
Click to expand...

You've got your math wrong.
The OP got a green card on Aug 9, 2005. Since May and July have 31 days each, 90 days before the 5-th year anniversary is 05/11, not 05/10. So the priority date is at least one day earlier than allowed. Moreover, the application must have been mailed and signed several days before 05/10 and probably was physically received earlier than 05/10. I think the probability of eventual rejection of the application under these circumstances is basically 100%. There is no point in losing both time and money, better lose just the money, withdraw the application and re-apply now.
 
You must log in or register to reply here.
Top