Citizenship denied

[kim11 2]

I passed my interview last week, but when the IO reviewed my documents, she said she couldn't make the decision at that time. I stayed for more that 1 year outside the US (June 2005-July 2006) for school. Yesterday, I received the decision (dated July 20), they denied my application but they also said I could re-apply (I'm eligible to apply) on or after July 21, 2010, which was the same date I received the decision. I don't know what to do. I'm rushing over my naturalization so I could get my husband here as soon as possible. My baby and I haven't seen him in a yr. Does that means I have to go through the whole naturalization process again (send application, wait for months for interview, take exam, etc) even if I passed the test and everything? And considering I'm already eligible even before my oath was scheduled?

I scheduled an InfoPass appointment tomorrow. PLEASE HELP!!!

[NigeriaorBust 4,087]

You applied too soon so that application was denied. It can't be reopened because you now qualify. Yes you have to start all over , repay the fees and take the tests again.

[NickD 203]

Your timeline only shows your N-400 stuff, none of that AOS or greencard stuff I believe most of us had to go through. Apparently you didn't come here via marriage or you wouldn't be interested in getting your US citizenship so you can petition for your husband. Really can't tell if you applied prematurely or not.

Your dates are close, some here reported having their interview before their 3rd anniversary green card date. There they were passed, but their oath ceremony was delayed until after their 3rd greencard anniversary date. For whatever reason, you were denied, can only assume that each and every field office treats these cases differently. My wife had her interview just two weeks after her third greencard anniversary, we considered ourselves super lucky as reported processing times were at least a year after sending in your application. We were even notified about that with our NOA. But then we were to expect a years wait for her oath ceremony, that is when I contacted my senator, he corrected that.

Its a terrible crime with the USCIS if you apply a day early, but okay if they make you wait years after your application.

[NigeriaorBust 4,087]

If she is applying based on the 5 year rule her being out for a year reset the clock to 0 so it would be 5 years after she returned from school ( assuming school was > 1 year 1day ) That should make her date be 2011 though

[Brother Hesekiel 2,236]

When you left for 1 year, your resident clock reset itself to ZERO. When you returned, it was your very first day of being a resident all over again. Now do the math by adding 3 or 5 years (depending) to that date . . .

[tweety 1]

You might want to read this. USCIS is pretty clear on the requirements.

http://www.uscis.gov/files/article/chapter4.pdf

And the rest of the M476 manual regarding naturalization is a good read too:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4df39ddf801b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=4df39ddf801b3210VgnVCM100000b92ca60aRCRD

Sorry to hear you got denied.

Edited July 23, 2010 by tweety

[NickD 203]

I certainly don't want to provide misleading information, according to that USCIS processing dates at the bottom, get the impression you can apply for your spouse as a LPR with about a waiting time of five months depending on your service center.

Just saying something to look into.

We were advised to wait until my wife became a US citizen before petitioning for her unmarried over 21 year old son that is really put in the back drawer compared to a spouse. Not sure if that was good advice or not, not only all those years went by, but looks like another five year wait. But a spouse is suppose to have almost immediate precedence.

[kim11 2]

Before I filed for my application, I was in certainty that I was eligible. I consulted my lawyer (for my husband's petition), and he said according to USCIS, you could apply after 30 months of continuous residence. I thought I was cleared. I went by with that. But according to the decision letter they sent me, you could apply after 4 years and 1 day, which was on or after July 21, 2010 for me. They made the decision July 20th. I was a day short, I guess.

I mailed my 2nd application same day after I went to my local field office to ask if there was anything else I could do or if they would reconsider. They said, I could file for an appeal, which costs about $600, but it was not a guarantee.

Hopefully, I'd get approved this time around. Paid for another $675 including NEW biometrics (USCIS said I need new biometrics because this is going to be a different case file "sigh"), and re-take the test again.

Thanks for my husband, always the optimistic! Made me feel tons better (after that formidable news).

[NickD 203]

Before I filed for my application, I was in certainty that I was eligible. I consulted my lawyer (for my husband's petition), and he said according to USCIS, you could apply after 30 months of continuous residence. I thought I was cleared. I went by with that. But according to the decision letter they sent me, you could apply after 4 years and 1 day, which was on or after July 21, 2010 for me. They made the decision July 20th. I was a day short, I guess.

I mailed my 2nd application same day after I went to my local field office to ask if there was anything else I could do or if they would reconsider. They said, I could file for an appeal, which costs about $600, but it was not a guarantee.

Hopefully, I'd get approved this time around. Paid for another $675 including NEW biometrics (USCIS said I need new biometrics because this is going to be a different case file "sigh"), and re-take the test again.

Thanks for my husband, always the optimistic! Made me feel tons better (after that formidable news).

Seems like you are having a conflict as to whether you should petition for your husband as a LPR or as a US citizen. We were in the same kind of a boat, but with different circumstances. As the US citizen, I could not petition for my wife's over 21 year old son, but she could either as a LPR or a US citizen. At the time, we were advised to wait as even with the additional three year delay, would be faster than applying immediately as a LPR.

But the political climate has changed since then and an unmarried over 21 child was pushed way down on the list of priorities. Wife did petition for him as soon as she got her US citizenship, got a letter that the state department will contact him, but almost after two years, nothing. Perhaps if she did apply as a LPR resident, he would have been here by now.

But both the USCIS and DOS state that for children under 18 and spouses get immediate attention, whatever immediate means to them.

Just saying something to look into.

Your attorney screwed up and didn't correct the problem he made at his own expense? That is why we have state bars to file a complaint to.

[justashooter 430]

Before I filed for my application, I was in certainty that I was eligible. I consulted my lawyer (for my husband's petition), and he said according to USCIS, you could apply after 30 months of continuous residence. I thought I was cleared. I went by with that. But according to the decision letter they sent me, you could apply after 4 years and 1 day, which was on or after July 21, 2010 for me. They made the decision July 20th. I was a day short, I guess.

you could have applied for citizenship in 1995 when you were living in phils, but you would have been denied, just like you recently were. anybody can apply, but they will not be approved if they do not meet the acceptance criteria.

you need to read the rules again, and you need to fire your "lawyer", cause they're an idiot.

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

http://www.visajourney.com/content/naturalization_requirements

http://www.visajourney.com/content/naturalization_process

http://www.visajourney.com/content/naturalization_guide

you can apply tomorrow, but you will not be eligeable until july 2011.

[Alex. 2]

bummer