USCIS false info prompted me applying for N400 and was denied. Any way I could get Refund?

[Keith & Xiang 0]

I have found the following, hope it helps:

Sec. 319.11 Filing of application.

(a) General. An applicant covered by this part shall submit to the Service an application for naturalization on Form N-400, with the required fee, in accordance with the instructions contained therein. An alien spouse applying for naturalization under Section 319(B) of the Act and Sec.319.2 shall also submit a statement of intent containing the following information about the citizen spouse's employment and the applicant's intent following naturalization:

(1) The name of the employer and:

(i) The nature of the employer's business; or

(ii) The ministerial, religious, or missionary activity in which the employer is engaged;

(2) Whether the employing entity is owned in whole or in part by United States interests;

(3) Whether the employing entity is engaged in whole or in part in the development of the foreign trade and commerce of the United States;

(4) The nature of the activity in which the citizen spouse is engaged;

(5) The anticipated period of employment abroad;

(6) Whether the alien spouse intends to reside abroad with the citizen spouse; and,

(7) Whether the alien spouse intends to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse.

(B) Applications by military spouses.

(1) General. The alien spouses of United States military personnel being assigned abroad must satisfy the basic requirements of section 319(B) of the Act and of paragraph (a) of this section.

(2) Government expense. In the event that transportation expenses abroad for the alien spouse are to be paid by military authorities, a properly executed Certificate of Overseas Assignment to Support Application to File Petition for Naturalization, DD Form 1278 will be submitted in lieu of the statement of intent required by paragraph (a) of this section. Any DD Form 1278 issued more than 90 days in advance of departure is unacceptable for purposes of this section.

(3) Private expense. In the event that the alien spouse is not authorized to travel abroad at military expense, the alien spouse must submit in lieu of the statement of intent required by paragraph (a) of this section:

(i) A copy of the citizen spouse's military travel orders,

(ii) A letter from the citizen spouse's commanding officer indicating that the military has no objection to the applicant traveling to and residing in the vicinity of the citizen spouse's new duty station; and

(iii) Evidence of transportation arrangements to the new duty station.

\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 74 Examination of Form N-400. \ 74.2. Part-by-Part Discussion of Form N-400 Data. \ (B) Part 2: Basis for Eligibility. (check one)

(B) Section 319(B) of the Act . This section of law requires that the applicant be a LPR (no set period) and that he or she is the spouse of a United States citizen who is assigned overseas with one of the following:

• U.S. military or U.S. government,

• U.S. firm engaged in the development of foreign trade and commerce of the US international organization of which the U.S. participates by treaty or statute,

• U.S. institution of research, or

• Religious ministry

In addition, the applicant must:

• Submit his/her application to any USCIS office;

• Be present in the U.S. at the time of naturalization;

• Declare in good faith an intention to take up residence within the U.S. immediately following the termination of employment abroad of the U.S. citizen spouse;

• (Generally) submit an affidavit from the spouse's employer itemizing the nature of the employment, length of time the spouse will be employed abroad, the ownership of the organization and the nature of the organization along with the naturalization application;

• Naturalize upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the U.S. or within a District or state shall be required; and

• Establish that he or she will depart to join the citizen spouse within 30-45 days after the date of naturalization.

I believe that after reading the above and perhaps emailing/faxing this to your Congressman AND Senator you will have a very good appeal going for you. I cannot imagine anyone being denied because they choose to be with their spouse during their time in the military, that right there should be a favorable action on your part, showing that you want to be with the one that you love and not be left alone in the United States. I truly wonder if the immigration lawyers do anything to earn their pay???