NYC timeline, CTZ interview "failed"???

L

lordalmighty

Registered Users (C)
Well before I start, if uhave read this website for a couple of months your level of iimigration knowledge is likely to be more than the immigration officer interviewing you, so I found out.
HAd my interview at NYC for naturalization had applied for so based on 4yrs of continuous stay + 364 days for time out of the country with a valid reentry permit ( as stated in the guide to naturalization pg 22 and eg on pg 23 )
Had valid copies of my reentry permit, selective service registratin , INS transcripts ( 17220 etc.
The officer started by verifying details on the form and when she saw the dates that I had continuous residence for 4 yrs only decided that I wld fail the interview. Then however went throught the formalities of asking the US govt questions etc which went fine. I kept telling her to look at the guide to naturalization and she refused saying that it was not accessible to he at the time, I asked her to look it up online, was told that the comp system freezes to often. When I kept insisting just told me a cursory I'look into it b4 I mail ur reply.
I went out of the interview printed a copy from the local comp store and marked the valid parts in the "guide" went back up handed it to the officilas there, confirmed she received it but also got a msg from her that she wldnt speak to me as she was busy and that I wld know the info in the mail.
As promised by her If I do get rejected want to challenge and want to know the process involved, my chances of success and ofcourse If I need to reapply what is the time course.Please only legit answers no BSing sorry etc mails
And by the way the officer was desi...talk abt not knowing the laws....cmon its like a software person not knowing what microsoft is or a doc not knowing waht a stethoscope is.. i am apalled , angry and cheated.
BTW my time line
APP 8/2004
FP 10/2004
Int letter 6/05
Int 8/05
 
i just want to get this straight.

when was your PR granted (or i485 approved)?
and when did you file your n400 application?

were 364 days include in the 4yrs?

may be some more info would help us to understand your situation.

may be a quick example (let's do not get into so details in about "days")

Case 1:
someone's PR was approved on May 2000, and the person submitted the N400 on May 2005. During this 5 years PR period, the person was out of the country totally for 364 days.

Case 2:
someone's PR was approved on May 2000, and the person submitted the N400 on May 2004. During this 4 years PR period, the person was out of the country totally for 364 days.

Q: which case will fit in your situation?

btw, case 1, the person will not be denied for the citizenship based if nothing else goes wrong.

case 2: the person WILL BE denied for the citizenship application because that person had not been fullfilled 5 years PR requirement PRIOR he/she applied for the citizenship.
 
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my dates/timeline for PR

thanks 4 ur interest.
I became a PR in 1996 reentry 1996-1998.
then reentry 1998-2000 nov.
then continuous stay nov 2000 till now

so I applied on the basis of continuos stay nov 2000- aug 2004 ( u can apply 3 months before clause)
and I am claiming 364 days from the time before i.e nov 1999- nov 2000 when I was out of the country with a lawful reentry permit
 
thanks 4 the reply

thanks for the reply and the clause u r quoting does seem right that the period has to be a complete 4 yrs + 1 day.
In my case however the officer was unaware of the 4 yrs +1 day rule altogether and I was told that I have to apply after 5 yrs are over.
If the application is denied either based on what the officer thinks is correct or the basis of denial is the 4yrs + 1 day clause that u quoted which might be a more accurate way of denial is there any point of pursuing an appeals process as eventually this clause wld be obvious also.
and If the application is denied does the whole process start from step 1 all over again....in fact take longer as some people seem to have experienced???
Is there a way out of this ????
 
wait....

well I am going to see a lawyer anyways and will see what best can be done
Also still have to wait for a denial...
will keep the portal posted
 
reapplication???

was browsing online and came across this sitte

www.shusterman.com/natz699.html

here it essentially says that forpeople who had erroneously applied prematurely the INS wld forego the whole process of reapplication at the time of the interview so as to prevent hardship to tha applicant in the case of an erroneous premature application.
However this is in regards to applications filed b4 1999.

Also on the USCIS website they say that the screen all applications with regards to timeline at the outset.
It says " . Cases that are filed prematurely (before the applicant was eligible or met the legal criteria) or that were filed on an outdated form are prepared for manual rejection at this point.

the question is whether it is fair to deny the appication at the time of interview based on the fact that it was premature by a few days and now the applicant is considerably well over the time period.
Also what is the policy of the BCIS in cases of prematurely filed applications.
Is the link from shustermans website applicable in any ways as of today .
Please advice
 
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