Something Unusual

[Amicus]

From some earlier posts by ladka, it looks like his wife had mailed an app fee of $675 as expected, but USCIS refunded $275. Clearly, USCIS thinks that ladka's wife probably applied at a much earlier date (before the fee increase); probably due to a typo.

While generally speaking there is no problem with this, the only concern would be if USCIS for some reason would declare that your wife applied for naturalization before she was eligible (5yrs - 90 days requirement).

So, ladka, please make sure that the receipt/notice/priority date for your wife's N400 reflect the correct dates. She may have to take the receipt notice at the time of interview to be on the safe side. If receipt notice rflects wrong dates and you have any other evidence (USCIS envelope, postal receipts, credit card receipt) keep them handy.

Also, did you deposit the refund check from USCIS?

 

[nyc_naturalizer]

From some earlier posts by ladka, it looks like his wife had mailed an app fee of $675 as expected, but USCIS refunded $275. Clearly, USCIS thinks that ladka's wife probably applied at a much earlier date (before the fee increase); probably due to a typo.

While generally speaking there is no problem with this, the only concern would be if USCIS for some reason would declare that your wife applied for naturalization before she was eligible (5yrs - 90 days requirement).

So, ladka, please make sure that the receipt/notice/priority date for your wife's N400 reflect the correct dates. She may have to take the receipt notice at the time of interview to be on the safe side. If receipt notice rflects wrong dates, if you have any other evidence (USCIS envelope, postal receipts, credit card receipt) keep them handy.

The same had occurred to me, especially since mrs. ladka mailed her application in January. It's a very common mistake to write in the prior year in January. So I think the above advice to ladka is wise, and I'd add that it's worth reviewing your copies of the original N-400 application and check. If the typo was hers rather than USCIS's, she may be more vulnerable the argument that she applied before being eligible.

 

[ladka]

Amicus and other friends,

Thanks for your posting. Looks like it was major error Immigration office. Even though we both sent application on January, 2008. My PD is February 4, 2008. But my wife's PD is February 4, 2007. It supposed to be 2008 not 2007.

Now it makes sense why immigration sent her a letter saying that they will refund $275. However, she has not got the refund.

Now, what should I do? Call the immigration about their mistake? or go to the interview?

I am so glad that I joined this forum. It has been always a learing experience. Hope to hear from the "gurus".

Ladka

 

[ladka]

We both got our greencard in October 2002. So far, we have been out of US for only 3 months. We beleived that we had been in this country long enough to apply for citizenship. Again we applied in third week of Janurary, 2008.

Ladka

 

[nyc_naturalizer]

Amicus and other friends,

Thanks for your posting. Looks like it was major error Immigration office. Even though we both sent application on January, 2008. My PD is February 4, 2008. But my wife's PD is February 4, 2007. It supposed to be 2008 not 2007.

Now it makes sense why immigration sent her a letter saying that they will refund $275. However, she has not got the refund.

Now, what should I do? Call the immigration about their mistake? or go to the interview?

I am so glad that I joined this forum. It has been always a learing experience. Hope to hear from the "gurus".

Ladka

I thought it must be something like that. Perhaps the best thing in this situation is to go to the interview and be upfront that the PD is in error, and try to sort it out there. It would help if you had a copy of the N-400 and check to show that it wasn't an intentional error. The officer may decide to process the case anyway, or they may tell her she needs to reapply, in which case you've only lost one month (as opposed to reapplying now).

Of course, if the error originated from the date of your application or check, the situation changes. They could make the case that she was inentionally trying to jump the queue, and reject the application.

I'm not a "guru," so I wonder what others think.

 

[Vorpal]

Amicus and other friends,

Thanks for your posting. Looks like it was major error Immigration office. Even though we both sent application on January, 2008. My PD is February 4, 2008. But my wife's PD is February 4, 2007. It supposed to be 2008 not 2007.

Now it makes sense why immigration sent her a letter saying that they will refund $275. However, she has not got the refund.

Now, what should I do? Call the immigration about their mistake? or go to the interview?

I am so glad that I joined this forum. It has been always a learing experience. Hope to hear from the "gurus".

Ladka

Your wife's interview has already been scheduled (thanks to a clerical error), so it would be very foolish to mention ANYTHING to the USCIS in regard to their error. Go to the interview and forget about the refund.

 

[nyc_naturalizer]

We both got our greencard in October 2002. So far, we have been out of US for only 3 months. We beleived that we had been in this country long enough to apply for citizenship. Again we applied in third week of Janurary, 2008.

This does change the situation. Your wife would not have been eligible for citizenship with a PD of February 2007 (five year requirement not met). But if she applied in good faith and the error is theirs (again, you really need to check this), she still may be able to sort it out at the interview.

 

[nyc_naturalizer]

Your wife's interview has already been scheduled (thanks to a clerical error), so it would be very foolish to mention ANYTHING to the USCIS in regard to their error. Go to the interview and forget about the refund.

I disagree, because if the PD were true she'd be ineligible for citizenship. I don't think they should mention it prior to the interview anyway, and even then perhaps only if it comes up. But it needs to be verified that the error originated clerically and not with the applicant (for example, on the check).

 

[Vorpal]

I disagree, because if the PD were true she'd be ineligible for citizenship. I don't think they should mention it prior to the interview anyway, and even then perhaps only if it comes up. But it needs to be verified that the error originated clerically and not with the applicant (for example, on the check).

I stand corrected. I posted my response before I read the post about the green cards. I would definitely bring a copy of the canceled check, but not mention anything. If the applicant didn't accidentally make a typo in her N-400, the application date will be in 2008, not 2007.

 

[nyc_naturalizer]

I stand corrected. I posted my response before I read the post about the green cards. I would definitely bring a copy of the canceled check, but not mention anything. If the applicant didn't accidentally make a typo in her N-400, the application date will be in 2008, not 2007.

That seems a reasonable strategy. And even if the mistake was hers, it was an honest mistake; with any luck the IO will be reasonable and see that she does in fact qualify for citizenship and that forcing her to reapply would only gum up the system with one more applicant.

 

[Vik Pal]

I stand corrected. I posted my response before I read the post about the green cards. I would definitely bring a copy of the canceled check, but not mention anything. If the applicant didn't accidentally make a typo in her N-400, the application date will be in 2008, not 2007.

The case can be re-opened if during audit they find that they had made a mistake. I'm not sure how that works for naturalization cases but there have been cases of approved Green Cards being revoked after USCIS realized during audit that it was approved in "error" in the first place.

 

[nyc_naturalizer]

The case can be re-opened if during audit they find that they had made a mistake. I'm not sure how that works for naturalization cases but there have been cases of approved Green Cards being revoked after USCIS realized during audit that it was approved in "error" in the first place.

That's definitely something to consider. If the audit, for instance, compared PD to GC date, a case like this might be flagged. But if it is clear at the interview that the approval wasn't in error, just the receipt notice, hopefully it could be cleared up.

 

[Amicus]

Hi Ladka,

Thanks for the updating the forum. Actually, thanks to your case, we now know that USCIS does "try" to follow priority dates for scheduling interviews. As you may know, you are allowed to apply for naturalization upto 90 days before the 5yr anniversary of the date your PR was granted. SO, if your PR was granted in Oct'2002, you could not apply before sometime in Jul'2007. This is what the PD typo in your wife's application seems to erroneosly violate. The amount of time spent outside the US should not be an issue at all.

From the information you provided, it is clear that you followed the law in spirit -- in fact you filed your N400 much later than you were eligible -- and followed the law reasonably well within letter.

What you need to think about is, if this issue is raised at the interview or later, how will you prove that you/your wife followed the law.

So, here are some tips ...
1. Like what nyc_naturalizer said, make sure ALL dates on her N-400 are correct; especially the date for signature.
2. If possible, get a copy of the check or the check itself from your bank and make sure the date on the check is right.

This will help your stand that you didn't try to mis-lead the USCIS. Then ...
1. Check if the receipt and notice dates on application receipt notice are correct and not wrong like the priority date.
2. If receipt and notice dates are wrong, then look for other documentation such as postal receipts, credit card charges, bank statements, copy of the check.

Keep all these documents with you even beyond citizenship. Your wife can point out this error at the interview, but I think it is entirely upto you.

I think if your receipt date is correct, then technically you should be ok. Even if the audit were to classify this as a violation, they will give you a chance to prove yourself. It's just that you should keep the necessary documentary proof.

 

[brb2]

PD makes a difference in green card approval, particularly the green card which have limits such as for employment. USCIS is not legally required to follow FIFO PD for naturalization. As long as the person was eligible that is all that matters.

I think Mrs. Lakda should go for her interview just like normal. She has not done any wrong. If USCIS has become super fast that is not her problem. If she has completed her 5 years then that is all that is needed.

If Lakda calls and tries to fasten his up, there is every likelyhood her not in FIFO will be detected and she will be delayed. So just be happy and if the refund check comes, just send it back!

Good luck and please update after her interview.

 

[tsnbagman]

Hello friends

Me and my wife applied for citizenship last February (received data: Feb 4, 2008). She got interview letter last week for May 9th, 2008. However, I have not received anything. Bot of us did FP last month. I am the primary applicant for greencard.

Have any of you been in such situation? Any idea why I am not getting interview notice?

Thanks in advance.
Ladka

I apllied on October 30th and my wife applied 2 months later. She is doing her interview at Jacksonville tomorrow, the 9th of April. And I am stuck in background check. It almost appears to me that given all things being equal, they go easy on female applicants.

 

[ladka]

Hello Guys,

Two thinks,

1) In my first posting I mentioned than my wife's interview date was May 9. But it was May 6 - not May 9.

2) Her interview on May 6 went just fine. It did not last more than 10 minutes. She passed easily. Then the officer asked if she wanted to take oath the same day. My wife said sure. To make it short, my wife's interview and oath took less than 2 hours. Then she got the certificate.

3) My wife did mention about the receiving date error (priority date). The officer said not to worry. By the way, we never got the $275.00 check from immigration, which they had mentioned in the receipt. I guess they corrected the date error at some point.

4) One more thing, Last week, I got interview notice for May 31 (Saturday).

Looks like Baltimore office is moving very fast. I just wanted to update you guys.


Ladka,

 

[ladka]

Hello Guys,

Two thinks,

1) In my first posting I mentioned than my wife's interview date was May 9. But it was May 6 - not May 9.

2) Her interview on May 6 went just fine. It did not last more than 10 minutes. She passed easily. Then the officer asked if she wanted to take oath the same day. My wife said sure. To make it short, my wife's interview and oath took less than 2 hours. Then she got the certificate.

3) My wife did mention about the receiving date error (priority date). The officer said not to worry. By the way, we never got the $275.00 check from immigration, which they had mentioned in the receipt. I guess they corrected the date error at some point.

4) One more thing, Last week, I got interview notice for May 31 (Saturday).

Looks like Baltimore office is moving very fast. I just wanted to update you guys.


Ladka,

 

[nyc_naturalizer]

Hello Guys,

Two thinks,

1) In my first posting I mentioned than my wife's interview date was May 9. But it was May 6 - not May 9.

2) Her interview on May 6 went just fine. It did not last more than 10 minutes. She passed easily. Then the officer asked if she wanted to take oath the same day. My wife said sure. To make it short, my wife's interview and oath took less than 2 hours. Then she got the certificate.

3) My wife did mention about the receiving date error (priority date). The officer said not to worry. By the way, we never got the $275.00 check from immigration, which they had mentioned in the receipt. I guess they corrected the date error at some point.

4) One more thing, Last week, I got interview notice for May 31 (Saturday).

Looks like Baltimore office is moving very fast. I just wanted to update you guys.


Ladka,

Glad to hear everything went smoothly for your wife, Ladka. Congrats on her citizenship, and on your IL!

It's interesting that your interview is less than a month from your IL. There's been some speculation that as increased staffing and hours are implemented, the time period between interview letter and interview date would decrease.

 

[Vorpal]

There's been some speculation that as increased staffing and hours are implemented, the time period between interview letter and interview date would decrease.

When the new IOs and processing hours are initially added, this will most definitely result in decreased time period between ILs and interviews. However, it'll eventually even out and return to the "normal" time periods.

 

[nyc_naturalizer]

When the new IOs and processing hours are initially added, this will most definitely result in decreased time period between ILs and interviews. However, it'll eventually even out and return to the "normal" time periods.

That's a logical scenario. But it's hard to say what the effect will be. Workload assignment practices for the new IOs who process 25 cases a day could be quite different than normal. And who knows how this is being dealt with at the service centers, which do the actual scheduling? Are they also assigning extra staff to meet the new demands? Things will definitely speed up on the whole, but I'm anticipating the usual from USCIS: chaos.