They say BACK OFF (USCIS' answer after they got served)

W

Wazowski

Registered Users (C)
Good morning, and thank you all for providing the information to those in need!
I would have been probably going to Infopass "officers" till today. Thanks to Publicus and his friends/collegues I have served the defendants on the 31st of July.
And here is the results. On the 12th I received a respond from district USCIS. They say that I am ineligible for naturalization for the following reason:
_________________________________
"The records of this Service reflect that your lawful permanent residence on August 28, 2002. On June 15, 2005 you files your Application for Naturalization, Form N-400. You are claiming eligibility for naturalization based on Section 319 (a) of the act, which requires that, for the entire three-year period immidiately preceding the date you files From-4000, you must have been: a) a lawful permanent resident; b0 married to a Unoted States citizen; and c) living with the same United States citizen spouse in a bona fide marital union.
However, the records reflect that you have failed to meet the eligibility requirements for naturalization pursuant to Section 319(a) of the Act. The records of this Service reflect that you have not been married to your United States citizen spouse, Mrs. Wazowski, for the entire three years immediately preceding the date you filed your naturalization application. Specifically, the records reflect that you and Mrs. Wazowski were married on July 12, 2002, but you have filed your naturalization application prematurely on June 15, 2005.
Furthermore, the Service notes that you fail to meet the eligibility requirements for naturalization pursuant to Section 316(a) of the Act. The records of this Service reflect that you obtained your Lawful Permanent Residency on August 28, 2002 and you filed for your NAturalization application on June 15, 2005. As such, you ahve failed to have the required 5 years residency of being lawfully admitted for permanent residence within the United States at the time of filing of your Naturalization application.
Based on the above-stated facts, you are not eligible for naturalization under Section 319(a) and Section 316 at this time. Accordingly, your application for naturalization may not be approved and hereby is denied. No appeal lies from this decision.
.... You may request a hearing before an immigration officer within 30 days of this notice. To do so you must file the Form N-336, along with the required fee ($265), with this service."
______________________________________
They way I see it is they want to dismiss the case.
I am pretty sure that the same paper went to the judge asking to dismess the case.
But the problem is that:

1. According to the "Instructions to N-400" (page 2, http://www.uscis.gov/graphics/formsfee/forms/files/n-400ins.pdf), "If you are applying based on five years as a Lawful Permanent Resident OR based on three years as a Lawful Permanent Resident married to a US citizen, you may apply for naturalization up to 90 days before you meet the "continuous residence" requirement."

Secondly, 5 years rule soooo doesn't apply to me, as I am eligible under 3 years rule.

So obviously, this answer was fabricated in hope that I give up and reapply in 2 or whatever years.
I know though that I will have to submit appeal or something to the District court so they reopen the case, but couldn't find any similar cases on this board.
I will keep looking, but if you saw something of that nature, please let me know.
Also, I understand that I don't need to ask for hearing sincce the case is in the court, or should I ?
Any information provided is GREATLy appreciated !!!!!
Thank you for your thoughts and input.

Regards,
Wazowski
 
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Based on my understanding of what you wrote:

You may have met the residence requirement, but it looks as if you have not met the marriage requirement. You have to be married for three years before you apply-not three years minus 90 days. In your case however, it looks as if you applied more than a year before you became eligible. The CIS is right in denying your case.
 
Thanks for the reply.
I had to correct my post, cuz it did look like I applied one year earlier, and I did not.
So my understanding is that one can apply 90 days before meeting the continuous residency requirement IF the person have been married for 3 years at the time of application. Is that so?

Also, do you think I absolutely have to reapply from the scratch, or there might be other way of reopening/updating the existing file with USCIS?

thanks !
 
You applied one month before you were supposed to. You might have to apply all over again. I was looking at the USCIS website this is what I found

You may send your application
before you have met the requirement for “continuous residence” only. Therefore, you must still have been married to and living
with your U.S. citizen spouse for 3 years before you may file your application.

So your continous residency is not the issue. The issue is that you apply one month before the three year marriage requirement was met. According to what you posted, you were married to your wife for 2 years and 11 months. I guess you can appeal and make case to the Immigration Judge that the 3 years minus 90 days direction was confusing. However, I doubt the Judge would be sympathetic. I hope someone with simalar experience and who have successfully appeal such a case responds to you.

Good luck,

Newly


Wazowski said:
Thanks for the reply.
I had to correct my post, cuz it did look like I applied one year earlier, and I did not.
So my understanding is that one can apply 90 days before meeting the continuous residency requirement IF the person have been married for 3 years at the time of application. Is that so?

Also, do you think I absolutely have to reapply from the scratch, or there might be other way of reopening/updating the existing file with USCIS?

thanks !
Click to expand...
 
Yes, I did have an interview in October, and somehow it didn't come up until now. I sent a letter to the District USCIS Director inquiring about the case, but got no respond. The senator received a standartized answer "namecheck pending, be patient".

I think that my case wan't even reviewed until they got served.

Does anyone remember what does form given at the interview says? "Met the requirements but the desicion can't be made" or something like that? I don't have mine handy.
 
if i were you i would appeal...seriously,i think u have a good chance....besides there is nothing to loose...

appeal....go for it. :)
 
every case is unique...make your own decision...anyways ur case has been rejected,so u will not be loosing anything.but if u get through,u will avoid a lot of anxiety...
There are a lot of friendly uscis officials out there who understand...your case hearing might be through one of them.....
 
Wazowski said:
Yes, I did have an interview in October, and somehow it didn't come up until now. I sent a letter to the District USCIS Director inquiring about the case, but got no respond. The senator received a standartized answer "namecheck pending, be patient".

I think that my case wan't even reviewed until they got served.

Does anyone remember what does form given at the interview says? "Met the requirements but the desicion can't be made" or something like that? I don't have mine handy.
Click to expand...

You mean the N-652 form. Just curious whats your svc ctr and DO ?
 
Personally I think you'll be wasting your time and money appealing. Look at it this way - if you request a hearing and loose (which is most likely), you'll just have spent $265 for nothing.

Fill out a new N-400, send another $400 and start again.
 
I am thinking of appealing to the court (since the complaint was already filed) pointing at the fact that the defendant failed to notify the palintiff of his ineligibility. The time was wasted, the money was spent because of that. The defendats should have checked the requirements before or at the time of the interview. Or even after the interview, when plaintiff had 2 appointments with Infopass; when District Director was asked about the status of the case; and when the Senator inquired about the case.

Do you think it's a good idea ?

:confused:
 
definite yes..you have good valid points,i am pretty sure 300 is not a big deal for u.
use ur oppurtunity.
 
How to file an appeal in court?

I have searched the board to find out how to file an appeal after the case is dismissed, but coudn't find it. :confused:
If someone can point me in the right direction, I would appreciate it

THANK YOU !
 
Wazowski said:
Accordingly, your application for naturalization may not be approved and hereby is denied. No appeal lies from this decision.
Click to expand...

Am I missing something, or did USCIS already say you have no right of appeal?
 
boatbod said:
Am I missing something, or did USCIS already say you have no right of appeal?
Click to expand...
Boatbod, this is a quote from the letter from USCIS. They say I can't appeal THERE, but I am asking how I can appeal in the court when the case is dismissed.
Thanks
 
I think that's anything, but a good idea.

I had to apply twice for naturalization. The first time I submitted the application on October 17, 2004 and was scheduled for an interview on September 6, 2005 here in Miami. I had been a legal permanent resident since January 20, 2000. I figured that it would take three days for my application to be received in Mesquite, Texas, where the corresponding Service Center is located. Upon arrival in Texas, the 4 years and 9 months required for naturalization would have been met.

Well, USCIS had news for me 11 months later: my application had been received too early, 2-3 days before I was eligible for the immigration benefit I was seeking. I just couldn't believe my ears, but the officer was dead serious. He stepped out of his office, talked to a supervisor, and I was advised to "withdraw the application". I asked him why I had not been informed earlier that I had applied too early. He simply said that decisions are only made at the interview, and not before, in naturalization cases.

He further advised me that if I didn't withdraw the application by writing a short statement indicating "that I am withdrawing my N-400 application because I applied too early for this benefit", he would be forced to "deny it". When an application is withdrawn, the applicant my reapply immediately after the withdrawal, provided that he is already eligible for the benefit. On the other hand, if the application is denied, the applicant may not reapply until 3 months have passed since his application was denied. I didn't question the veracity of that statement, but you may want to confirm whether it's true or not to avoid wasting another 390 dollars.

If I were you, I would get over the "wasted time" issue and would simply reapply for citizenship. Make sure you confirm whether you need to wait three months before you are eligible to reapply. Since you already sued them, they wouldn't hesitate to deny your application one more time if they could.

I assume there are nice people out there. Unfortunately, I dealt with "monsters" all the time, therefore I have nothing positive to say about them. Even at the Oath Ceremony some of them were being unnecessarily rude to people who had questions regarding the length of the ceremony. "You are free to go if you can't wait until it's over" was the answer one of them gave to an elderly lady who asked how long it would take...




Wazowski said:
I am thinking of appealing to the court (since the complaint was already filed) pointing at the fact that the defendant failed to notify the palintiff of his ineligibility. The time was wasted, the money was spent because of that. The defendats should have checked the requirements before or at the time of the interview. Or even after the interview, when plaintiff had 2 appointments with Infopass; when District Director was asked about the status of the case; and when the Senator inquired about the case.

Do you think it's a good idea ?

:confused:
Click to expand...
 
Einmalig said:

Well, USCIS had news for me 11 months later: my application had been received too early, 2-3 days before I was eligible for the immigration benefit I was seeking. I just couldn't believe my ears, but the officer was dead serious. He stepped out of his office, talked to a supervisor, and I was advised to "withdraw the application". I asked him why I had not been informed earlier that I had applied too early. He simply said that decisions are only made at the interview, and not before, in naturalization cases.
Click to expand...
that's what I am talking about, they didn't tell me about that at the time of the interview.
I was told that everything is in place, they are only waiting for the namecheck to be finished.
 
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Your appeal will probably take more time than a freshh application. If I were you, I would send in a fresh application. You may languish in the appeals process for years...
 
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