Very interesting 12/2007 Interview Experience

fjmb23

Registered Users (C)
Hello there folks...

I had an intersting interview experience at the Tampa DO. My interview was set up for the 1st week of 12/2007 at 8:15 am, it wasn't busy so I got called in at 7:50 am by the IO. We proceeded to her office were I took an oath and noticed that she already had my file opened on her desk. As soon as we sat down she went over some of my basic information (Date of Birth, SSN, Nationality, etc). She immediately went over my trips for the last 5 years (refer to this post http://www.immigrationportal.com/showthread.php?t=259484 ) and told me that for her it would be very difficult to approve my application since there was enough evidence that I did not have the "sufficient amount of time" required to file an application for naturalization. She knew exactly what to tell me since obviously she had reviewed my application before she called me in. To my surprise she gave me 2 choices: #1 withdraw the application on the spot or #2 continue with the process but risk a denial letter on the mail if I fail to provide any proof of continous residence during the past 5 years.

To her surprise I solicited if we could move on with the application since at the moment I thought it would be possible for me to provide with evidence
of strong ties to the U.S. during my days outside the country as explained in my previous post. She gave me the opportunity of proceeding with the process. I passed all the questions, had no issues as far as any other inquiries in the application (no tickets, no tax issues, arrests, etc), she even smiled
when she asked me if I ever was part of any terrorist organization.

Among other things I can remember about the interview she asked me if I owed any taxes to the IRS which I replied no, asked me what kind of proof I could provide to her from my previous months outside the U.S. and asked me why was I still living with my parents at my age (29) and that it seemed kind of odd that I was not living by myself and doing my own thing. I guess some cultures are different, I wasn't surprised with that question since I get it
here all the time.

This interview was more than 4 months ago. I filed the N-400 on (03/2007) with 37 straight months of continous residence, no trips over 6 months and no other issues. But anyways, at the end of the interview she gave me the N-657 (I think that's the name) saying that I passed the english and civics tests but a "Decission cannot be made at this time" box marked. She was always very courteous and professional, never mean or rude, very emphatic. After the interview she escorted me out to the hallway were she reminded me that if I could not provide any proof within 30 days I should expect a denial letter in the mail after the fact, we said "thank you" to each other and I left. Everything lasted around 20 minutes.

I dug through a bunch of documents, among savings statements, DMV info and a bunch of stuff that was never solid for my case since everything during those days was on my parents name. I had no choice but to write a letter a week after the interview requesting a withdrawal of the application. 4 months passed and I heard nothing from the USCIS about a possible denial/withdrawal. I scheduled an InfoPass the 1st week of April and when my turn arrived the clerk at the DO asked me what was the reason for my visit. I told me that I simply wanted to inquiry about the status of my application and he told me that it was reported or listed as a withdrawal the 3rd week of December and told me that a denial/withdrawal has nothing to do with any future re-application. He also saw no reason to speak to an IO since he already had the information I required.

Interesting facts about MY interview and MY case:

- Obviously the IO did not consider the 9 months that I had to wait for the interview as part of my Continous Residence time span.

- Even though I was told that the application has been withdrawn I am still a little bit concerned as of why I haven't received any notification. The "D-Word" has even come up to my mind even though I have never had any kind of problems.

- For all those of you out there that are looking to apply for Naturalization, don't even bother submitting it if you have less than 4 years of Continous
Residence and no ties to the U.S. Don't waste your time and your money.

- Even though I have been a LPR since 1996, school and family medical reasons have kept me from living here continously. on 03/2009 (10 months) I will have 5 years of non-stop/strong ties of stay here and I would never consider applying based on the 4yr+1 day rule specially after the IO suggested that should reapply again when my 5 years come up.

Thanks for your attention,


Regards,
 
Wow, thank you for your VERY helpful story. I'm sorry it didn't work out this time.

I'm going to have just a little over 30 months of physical presence in the US when I apply, but I'm going ahead with it anyway. I don't know if that's just stupid of me, but I'm going to try to convince the IO that my time outside was just temporary (I'm studying abroad, and nothing more). Whatever documents I can show to prove my ties will go straight into the envelope. We'll see how it goes.

By the way, is it better to withdraw than be denied?
 
- Obviously the IO did not consider the 9 months that I had to wait for the interview as part of my Continous Residence time span.
They're not supposed to. You're supposed to satisfy the requirements for continuous residence at the point in time when you apply, plus during the waiting period between applying and the interview.
 
By the way, is it better to withdraw than be denied?

I believe denials such as these are without prejudice and does not have any bearing on future applications. However, having said this, it would be more complicated had the applicant been found to have abandoned his permanent resident status. Continuous/physical residence for naturalization purposes and residency required to maintain permanent residence are two separate issues.

Withdrawals are also without prejudice. So I personally don't see anything wrong with this case. However, I do recommend applying 5 years after fulfilling both the continuous and physical presence requirements for naturalization.
 
By the way, is it better to withdraw than be denied?

You're welcome. Wether you withdraw or get denied, there is no prejudice whenever you reapply again unless there is something serious that may affect your status as a LPR or if you don't meet the requirements for naturalization.
 
I'm sorry to see that you had to withdrawn your app. I'm sure that you will be more lucky next time.
fjmb23, do you mind being more specific about your absences? How many trips and how many days on each?
Thank you.
 
I think fjmb23 had already mentioned more about the nature of the absences in earlier posts. I think (if my memory serves me well) they were related to family medical emergencies. Furthermore, I think fjmb23 has been denied not only once, but twice, am I right? So, I would understand that this time wants to be sure of having full 5 years continuous residence.

Better luck next time.
 
I think fjmb23 had already mentioned more about the nature of the absences in earlier posts.

Very confusing. I wasn’t able to figure number of trips and days reading his posts. But it looks that one of the absences was more then 1 year. Anyhow good luck for next time.
 
Sorry to hear that things didn't work out this time around. I think you'll find that each IO has a slightly different perspective on what constitutes maintaining ties to the the US. I'm sure you'll have no problems next time around.
 
Furthermore, I think fjmb23 has been denied not only once, but twice, am I right? So, I would understand that this time wants to be sure of having full 5 years continuous residence.

Better luck next time.

Thank you Huracán. I actually never got denied and this was my very 1st application. As my post said, I was offered the "alternative" to withdraw which I did after the interview and so far (even though I haven't received any letter yet) I have been told by USCIS that my application was formally withdrawn in December 2007. I can reapply again on March 2009 when I will have 5 full years with only 21 days of absence spread out through 3 different trips since 2004.

Very confusing. I wasn’t able to figure number of trips and days reading his posts. But it looks that one of the absences was more then 1 year. Anyhow good luck for next time.

Thank you im50. I never had any trips over 6 months, I just had many of them that totalled a lot of days, some of them originating from my country of birth, some of them originating here. The IO became suspicious and wanted to know the reasons for those trips.

Sorry to hear that things didn't work out this time around. I think you'll find that each IO has a slightly different perspective on what constitutes maintaining ties to the the US. I'm sure you'll have no problems next time around.

Thank you boatbod. I'm pretty sure I will get approved on my next try, regardless if the IO likes me or not, unless I do something out of the ordinary (DUI's, arrests, etc) I shouldn't have any problems.

Thanks everyone for your attention.
 
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