enjoylife said:03N400APPLICANT,
When you went for your interview were your fingerprinting and name check cleared? Have you had your oath? I have my interview in san antonio next week. Thanks.
I got a call from an adjudicating officer that I should not come for the interview. They can not interview me as I was 2 days short of my 5 year residency after Green Card. He did not leave any msg with when it will be rescheduled.03N400Applicant said:enjoylife,
Please share your interview experience at San Antonio Office.
Thanks,
03N400APPLICANT
enjoylife said:I got a call from an adjudicating officer that I should not come for the interview. They can not interview me as I was 2 days short of my 5 year residency after Green Card. He did not leave any msg with when it will be rescheduled.
03N400Applicant said:enjoylife,
Just 2 days!!!!!!!! and they have to reschedule the interview? It must be in a way disappointing. I thought you have to complete 5 years of residency just before u r taking your oath.
Good news is that your name check must be cleared and also finger prints must be cleared too. As mentioned by vlmeda in earlier posts that they might ask u to sign the naturalization certificate, which u will be recieving during ur oath. So that's why they have to reschedule the interview to complete your 5 years residency after green card.
Are they going by your I-485 approval date or by date on the green card to complete your 5 year residency after green card?
03N400APPLICANT
ocworker said:you have to be complete 5 yrs of residency (or 5 yrs - 90days) as of the day you file your n400 application. not the oath day.
also, he should be glad that USCIS is willing to reschedule the interview. from what i have read and understand, the application would just denied, and he would have to refile again. so, be glad.
also, how can you be so sure that his name check and finger print are cleared?
interview is schedule or will be reschedule which has nothing to do with the name check. finger print cleared? may be. name check cleared? not for sure. they can have name check pending even people passed the interview.
ocworker said:you have to be complete 5 yrs of residency (or 5 yrs - 90days) as of the day you file your n400 application. not the oath day.
FoxyIdiot said:Thats not true. You can apply 90 days before but you cannot become a citizen before 5 years. So you definitely cannot take the oath in the 90 days prior to the 5 yr anniv. I'm not 100% sure about interview, but I think they cannot approve the application before 5 yrs are up as well. I think the 90 days rule is there to account for INS processing delay so that people can get their cz immediately after the 5yrs. Of course if INS takes more than 90 days to process your application its not going to help much.
It could be that sometimes it is the discretion of the Adjudicating Officer or the Officer did not notice it or decided to ignore that the full 90 days is not over. Just a guess from me. My interviewing officer decided not to interview so I have no choice but to wait till they decide to schedule it again.vlmeda said:why do u say that. if INS did not want some one to become a citizen before 90 days (5 yrs -90 days) why have that rule where it says u can apply before 90 days they could as well say wait till u complete 5 yrs. why i am saying all this is i know some one personally who recieved citizenship (including oath certificate) before the 90 days is finished. The DO is san antonio. There is always a possibility like this with a blazing DO like san antonio. so i donot believe that we have to finish 5 yrs before we recieve oath certificate
Like I said the 90 day rule is there I think to account for processing delay, because it does take time to process your app.vlmeda said:why do u say that. if INS did not want some one to become a citizen before 90 days (5 yrs -90 days) why have that rule where it says u can apply before 90 days they could as well say wait till u complete 5 yrs.
If INS did that then they made a mistake. Its probablly illegal. But this wouldnt be the first time INS broke the laws. Fortunately for your friend since INS is the government and they broke their own laws they cannot change their decision now.why i am saying all this is i know some one personally who recieved citizenship (including oath certificate) before the 90 days is finished. The DO is san antonio. There is always a possibility like this with a blazing DO like san antonio. so i donot believe that we have to finish 5 yrs before we recieve oath certificate