Weird experience at Newark, NJ: Decision cannot be made

Ifitis2be

Active Member
@Sm1smom @SusieQQQ @Fin

Sorry for the length...Just interviewed at Newark, NJ today. Though my case is straight forward, the interview ended in Decision cannot be made. Here’s how it happened:

Appointment was at 1:15. I entered the waiting area around 12:50, waited to be called until 3:35. Interview lasted until 4:10, so about 30 minutes. Officer called me in, gave me the oath, reviewed basic bio info, then gave the following civics test.
1. What war was Eisenhower in?
2. Two official US Holidays
3. How many US representatives?
4. Who does a US Senator represent?
5. Who lived in America before Europeans arrived?
6. Why does the flag have 50 stars?

Reading: who lives in the white house?
Writing: the president lives in the white house
American Indians lived here first
President’s day is in February

He then went over the N-400 questions. Asked if I had my tax records, which I did.
I also told him about a speeding ticket I recently got and paid. I provided him with the proof of payment.
He asked if my husband is a US citizen. I informed him that though we are still officially married we are no longer together so I don’t have further info on him ( my naturalization is DV (green card lotto based).

Then he asked if I traveled this year and I said yes, he looked at my trips and started going on and on about how much I travel. Said that people usually travel once or twice but I traveled a lot and stayed too long. That the law says if you want to be a citizen you have to live here. I let him finish then responded that I have lived here for 21 years and that for the 5 years I have been a permanent resident , I have met the requirements and obeyed the law he mentioned: I traveled 12 times, never stayed abroad more than 5 months and I have stayed in the US for more than the 913 days required in those 5 years.
He said he still has to review the travel dates to make sure...which seems odd to me since the N-400 form shows those dates, duration of trips, total number of days outside the US and whether or not i stayed over 6 months or not in any of these trips. He had them in front of him and I too had prepared a table for him). So what more is there to verify?

Any-who on my way home I saw on my online account a cancelation notice for more evidence dated after the interview. Meaning the officer seems to have requested more evidence and then canceled that request for more evidence‍♀️. I had already submitted as part of my application (mortgage and bank statements, car registration, health and car insurance, etc.). So what do you guys think? How long might it take until a decision can be made and do you thing I’ll get approved?

Timeline:
DV lottery 2015
N-400 Application: May 1, 2020
Bio reuse: February, 12, 2021
Interview Notice: March 30, 2021
Interview: May 7, 2021
Field Office: Newark
 
Many smooth interviews end in decision cannot be made. Mine did, and it changed to approved/in line for oath scheduling within a day or two. From what you‘ve said seems they want to review the travel history more to ensure that you did actually make the US your primary residence. (Were all or most of the long trips to your previous home country? Remember it is more than just meeting the letter of the law and uscis manual does say “An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States”). If you’re comfortable you’ve met all the requirements I’d just give it a few days and wait and see.
 
Many smooth interviews end in decision cannot be made. Mine did, and it changed to approved/in line for oath scheduling within a day or two. From what you‘ve said seems they want to review the travel history more to ensure that you did actually make the US your primary residence. (Were all or most of the long trips to your previous home country? Remember it is more than just meeting the letter of the law and uscis manual does say “An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States”). If you’re comfortable you’ve met all the requirements I’d just give it a few days and wait and see.
Yes Susie, most of those trips were to my previous home country but they are due to the humanitarian work I do there. I explained that to the officer but my everything has been in the US for 21 years...in fact some years I stayed 2 years without any travel...i guess these past 5 years I did do quite a bit more...i have met the requirements but as you said they can always go by their own interpretation too...i’ll just have to wait and see...thanks so much for taking the time to read and respond
 
From what you said, I don’t think it’s a big legal issue that could impede your citizenship in any way. You seem to have met the legal residency requirements. Although residency is about intent than actual stay outside the country, if you never stayed beyond 6 months, and maintained US ties such as residence, financial ties, family ties etc. you have enough substance to prove your case. About why this happened - many adjudicators are new and may want to double check or some adjudicators are just ignorant or the law or A-holes on a power trip. Your case might be one of the two. I wouldn’t worry unless there is something else in your case. Keep following up - raise a request after 30 days, contact congressman if more than 60 days delay. Worse case - if more than 120 days you have an option to file a lawsuit.
 
From what you said, I don’t think it’s a big legal issue that could impede your citizenship in any way. You seem to have met the legal residency requirements. Although residency is about intent than actual stay outside the country, if you never stayed beyond 6 months, and maintained US ties such as residence, financial ties, family ties etc. you have enough substance to prove your case. About why this happened - many adjudicators are new and may want to double check or some adjudicators are just ignorant or the law or A-holes on a power trip. Your case might be one of the two. I wouldn’t worry unless there is something else in your case. Keep following up - raise a request after 30 days, contact congressman if more than 60 days delay. Worse case - if more than 120 days you have an option to file a lawsuit.
Thanks so much Fin for taking the time to read and respond as well. I will stay patient and proceed as you advise should it last beyond 30-60 and 120 days. Thanks again
 
Just wanted to update you who were so helpful in responding that I am still waiting...interview was May 7th...request for RFE was cancelled that same day and since then nothing. It’s been a month. I will request an infopass in 2 weeks, then at 60 days involve my senator, congressman and the ombudsman. Thanks
 
@SusieQQQ @Fin @whitemimauz3
Just wanted to inform you that my status changed to approved & placed in line for oath on June 10. So it looks like it all worked out after all. Thanks again for your useful support


Timeline:
DV lottery 2015
N-400 Application: May 1, 2020
Bio reuse: February, 12, 2021
Interview Notice: March 30, 2021
Interview: May 7, 2021
N-400 approved: June 10, 2021
Placed in line for oath ceremony: June 10, 2021
Field Office: Newark
 
Thanks everyone for all your help throughout the years! I took the oath today and became a proud
American citizen!

Timeline:
DV lottery 2015
N-400 Application: May 1, 2020
Bio reuse: February, 12, 2021
Interview Notice: March 30, 2021
Interview: May 7, 2021
N-400 approved: June 10, 2021
Placed in line for oath ceremony: June 10, 2021
Oath mailed: June 14, 2021
Oath taken: June 29, 2021
Field Office: Newark
 
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