Sad story

[Andrew1981 0]

Dear All:

One of my dearest and closest friends died in a tragic accident a few weeks ago. I am enquiring on behalf of his widowed wife who has been unable to speak, eat or sleep since it all happened. They got married four years ago, he filed for her Green Card which was approved and conditions were successfully removed two years later. She was eligible to apply for naturalization last year, but there was no rush and they kept postponing her application. They ended up submitting her N400 in April this year. She received her interview letter a few days before he died…. Her interview is only two weeks away. She is not going to attend it due to her unstable mental condition at present time. From reading this forum and other sources, I understand that she is not eligible for naturalization under a 3-year rule anyway – even though they were married for over 4 years (correct me if I am wrong, but special provision only applies to spouses of deceased serviceman that die in combat zone). I would like to ask a few questions if I may. 1. Can she withdraw her application? Is she required to withdraw it? If so, does she need to send a letter to USCIS along with a copy of her husband’s death certificate? Where does she need to send it to (to Service Centre or Local Office)? 2. If she doesn’t do anything, will her application be considered abandoned or will USCIS deny her case and she will automatically be ineligible to re-apply for naturalization for the next 5 years (I’ve heard you must wait 5 years to re-apply if you are denied naturalization, not sure if it’s true). 3. What is the best course of action considering her circumstances? Any advice will be greatly appreciated. Thank you. Andrew.

[lawrencetoland 3]

I am very sorry for her loss. This is a horrible thing to be going through for her.

I think she should go to her interview and let them know what happened. They are really the only people who can tell her what to do at this point. She could also call the 800 line but most of the time the information there can be sketchy at best.

Again, I'm very sorry for her loss. *hugs to her*

[lissa04 3]

That is so sad to hear. What she can do is make an infopass appointment explaining her situation and ask to withdrawal the application. Unfortunately I don't think she will get her money back, however she can reapply for citizenship later on down the line no problem. She can also write a letter to her local office with a copy of the death certificate as well if she wants to.

Best of luck to her.

Lissa

[v333k 59]

Hi, I am very sorry to hear about your friend's loss.

Although the circumstances that led to this position were tragic, but the LPR needs to naturalize based on the 3 year rule as long as the marriage still holds on the day of naturalization. In my opinion, don't let USCIS make the decision that the application is abandoned, but follow the proper path. The best method is to contact USCIS and see if she needs to submit a formal form withdrawing her petition to naturalize and she should keep it in her records so she can become eligible in a year. I am not sure if the 800 number will be helpful enough but an infopass will also do the trick if a service center is close to where she lives.

Some people suggest you write a letter explaining the withdrawal but you need to send it where the application is. since she has the interview letter, then she should send the letter to that service center where she is interviewing. If the interview is close, then I suggest she either calls in addition to sending a letter or just go there (if it is close) and get this process settled.

Once again sorry for your friend's loss...

[Andrew1981 0]

Thank you so much for your support and answers. She doesn't go outside so going there in person either for her actual interview or infopass is out of question. All she can possibly do is to sign a letter (which she won't write, but we (family friends) will help her with that). My main question is this. What if (hypothetically) her application is considered abandoned due to non-attendance (or lets say her withdrawal letter doesn't get processed properly by USCIS), will she be barred from re-applying for 5 years because her citizenship is denied, or can she re-apply next year? We just don't want her to do something silly now that may have devastating consequences in the future. Also, just to confirm, USCIS won't come after her Green Card if she is denied naturalization?

On a side note, I have read somewhere that if you miss your N400 interview (some people never receive their interview letter etc), your application will remain open for 12 months. If the applicant doesn't request a new interview date within a year, the case will be closed automatically (NOT denied). Can someone confirm whether it's true or not?

Thank you for your understanding, folks! Andrew.

[milimelo 4,413]

Thank you so much for your support and answers. She doesn't go outside so going there in person either for her actual interview or infopass is out of question. All she can possibly do is to sign a letter (which she won't write, but we (family friends) will help her with that). My main question is this. What if (hypothetically) her application is considered abandoned due to non-attendance (or lets say her withdrawal letter doesn't get processed properly by USCIS), will she be barred from re-applying for 5 years because her citizenship is denied, or can she re-apply next year? We just don't want her to do something silly now that may have devastating consequences in the future. Also, just to confirm, USCIS won't come after her Green Card if she is denied naturalization?

On a side note, I have read somewhere that if you miss your N400 interview (some people never receive their interview letter etc), your application will remain open for 12 months. If the applicant doesn't request a new interview date within a year, the case will be closed automatically (NOT denied). Can someone confirm whether it's true or not?

Thank you for your understanding, folks! Andrew.

Andrew,

see if you or someone from the family can go over to USCIS local office where she is scheduled for infopass - in most cases they're very accomodating and helpful with N400 cases - show the death certificate and the case number (she may have to give you a temp power of attorney so they can discuss case with you).

You also may want to ask for your congressman to look into this as an intermediary if she does not want to handle it herself (again, her info for request and signature is required).

No one will take away her green card if she doesn't go through with the interview - she'll just have to reapply at the 5 year (minus 90 days) mark.

[Brother Hesekiel 2,235]

She has to do nothing, and--unfortunately--she won't even get her money back. Wow, that sounds very harsh, but that's the bottom line in a nutshell.

She's no longer eligible to naturalize under the 3-year rule, so her petition will be considered abandoned eventually. If she files again under the 5-year rule once she's eligible, the I.O. will ask her about her first petition which they have on file. That's the time for her to mention why she did not show up to the interview, and the I.O. will understand that and express her sympathy or condolences.

Yes, she could write a letter to USCIS and explain now, but I don't see any merit in doing so, especially since she now might have other things on her mind.

[mrs. wife! 3]

I'm so sorry

[sunshine78 0]

oh my god, i am so sorry.

[antda 13]

Hi Andrew1981,

Sorry to hear about your friend's loss.....

My thoughts and condolences are with her and her family and friends...

Now in answer to your question..

Personally I think that she should schedule an infopass appointment ASAP to get this sorted out.

You and/or someone close to her should go with her for additional support too...

Fully explain the situation the situation to the USCIS folks and see what they can do there...

Maybe they will be sympathetic towards her situation, or maybe not....who knows....

But at least she should get some answer out of them before they figure out what to do with her case....

If she can, maybe she can attend the scheduled interview too, and explain her case further there....

Or she can arrange for an interview at a later date when she is more stable enough to attend such....

Now here is another important question to consider:

If her husband is decesased now...What are her immediate and/or future plans?

Is she going to stay in the USA?

Or is she going back to former country?.....

If she is staying..Then more of a reason to go for citizenship...

If she is going...Then she should just be a permanent resident and/or return to her own former country....

She should be in the country and/or place where she is most comfortable with....

Also, what if her husband were alive...Would he want her to go through with it too...That's another vantage point to consider too..The 'voice' of her deceased spouse.....

Ultimately it's up to her as to whether or not she wants to pursue citizenship any further at this point...

Right now the important thing is that she has support of her family and friends at this difficult time, to help her with things such as this...And I hope that you are all able to help her with such too....

Hope this helps. Good luck in her case and in her journey. Wishing her all the best..

Ant

Dear All:

One of my dearest and closest friends died in a tragic accident a few weeks ago. I am enquiring on behalf of his widowed wife who has been unable to speak, eat or sleep since it all happened. They got married four years ago, he filed for her Green Card which was approved and conditions were successfully removed two years later. She was eligible to apply for naturalization last year, but there was no rush and they kept postponing her application. They ended up submitting her N400 in April this year. She received her interview letter a few days before he died…. Her interview is only two weeks away. She is not going to attend it due to her unstable mental condition at present time. From reading this forum and other sources, I understand that she is not eligible for naturalization under a 3-year rule anyway even though they were married for over 4 years (correct me if I am wrong, but special provision only applies to spouses of deceased serviceman that die in combat zone). I would like to ask a few questions if I may. 1. Can she withdraw her application? Is she required to withdraw it? If so, does she need to send a letter to USCIS along with a copy of her husbands death certificate? Where does she need to send it to (to Service Centre or Local Office)? 2. If she doesnt do anything, will her application be considered abandoned or will USCIS deny her case and she will automatically be ineligible to re-apply for naturalization for the next 5 years (Ive heard you must wait 5 years to re-apply if you are denied naturalization, not sure if its true). 3. What is the best course of action considering her circumstances? Any advice will be greatly appreciated. Thank you. Andrew.

Edited July 21, 2010 by Ant+D+BabyA

[Andrew1981 0]

Thank you so much for your support! I have one more question. She ended up missing her interview. Because it's difficult for her to stay in the US, she wants to make a trip to her home country to spend a few months with her parents. She is planning to stay outside the US for 3 - 4 months. Will she have any trouble returning back to the US on her 10-year Green Card considering the fact that she missed her naturalization interview and never informed USCIS? We are worried that the border officials on her way back to the US may give her a hard time. Does anyone know what she should expect upon return to the US? Thank you for all your help.

[Darnell 8,478]

That is so sad to hear. What she can do is make an infopass appointment explaining her situation and ask to withdrawal the application. Unfortunately I don't think she will get her money back, however she can reapply for citizenship later on down the line no problem. She can also write a letter to her local office with a copy of the death certificate as well if she wants to.

Best of luck to her.

Lissa

I would tailor this a bit, as follows -

instead of 'withdrawing the application'

shift to

'postponing the interview' instead.

IMO, she might be in a different frame of mind 3 or 4 months down the road. Withdrawing the application is, again IMO, rather silly, as one has to start over with the filing process. She's really close to the 'end game' now, and a 'postponement' or 'reschedule' is actually straightfoward to get, during an infopass appointment.

[Darnell 8,478]

Thank you so much for your support! I have one more question. She ended up missing her interview. Because it's difficult for her to stay in the US, she wants to make a trip to her home country to spend a few months with her parents. She is planning to stay outside the US for 3 - 4 months. Will she have any trouble returning back to the US on her 10-year Green Card considering the fact that she missed her naturalization interview and never informed USCIS? We are worried that the border officials on her way back to the US may give her a hard time. Does anyone know what she should expect upon return to the US? Thank you for all your help.

She has a 10 year card, so that, in its-self, will be useful.

However, she missed the interview, so she really should set up an infopass appointment and ASK for another interview 6 months later. Get that done prior to leaving, so the USCIS staffer at the local office can 'clear up her file'. Sure, it's an easy thing to do, prior to her leaving, but if she DOES NOT DO IT, there will be some flag in her computer file, reviewed at the POE - and I've NO IDEA what will happen because of that flag. Really - NO IDEA.

Suggest you help her set up the infopass appointment, if you really are trying to help her, and you and yer wife go with her to the appointment.

see https://infopass.uscis.gov/info_en.php for setting up the appointment .

Good Luck !

[TravellingNomad 12]

understandable that your friend is in a very difficult place and frame of mind right now. but i agree with Darnell. your friend really needs to get in contact with USCIS to get a postponement/reschedule a few months down the future for the interview. it will work for her benefit in the future when she's ready to face the world again. don't want to sound unsympathetic, but she needs to get this done for her own good. and we all know that citizenship fee is not as cheap as it was 11 years ago.

Edited August 2, 2010 by TravellingNomad

[Captain Oates 910]

I can see the dilemma though.

It's essential that she doesn't get a refusal - only a lapsed application or a withdrawn application will do.

If she went for the naturalization interview (not an info pass) then that might result in a denial as she isn't 'married and living with throughout the whole 3 years'

So info pass - yes

let it lapse - yes

Go for the USC interview - NO - we don't want a denial

As far as 'the USCIS might be kind and turn a blind eye' - forget it. We don't want this thing re-opening AFTER USC is granted

In her circumstances where she doesn't want to go out, I would write to the USCIS withdrawing it, get her to sign it, ask for an acknowledgment that it is withdrawn. If they ignore the letter (like they do) the whole thing will lapse with no problems and no denial

Yes money is one thing but nothing in comparison to a USCIS mess - keep it simple for the USCIS