Citizenship request denied!!

[Yoji 0]

As I understand the denial is because I filed about 6 weeks before 5 years of residency.

I was told that I can file 3 months before the 5 years, don’t I ?!?!.

I don’t understand why they assumed that I applied based on marriage, any way their explanation is…..

“You divorced ------ before you naturalized therefore you are not eligible for 319(a).

When you filed your N-400 you didn’t have 5 years of permanent residency.”

Married – 07/08/05

Permanent Residency – 02/03/06

Divorced - 12/17/08

N-400 – 12/20/10

Denial – 07/26/12

Now they invite me to reapply since I have 5 years and I can also request a hearing.

Any suggestions??

Yoji

[Kathryn41 3,205]

Hmm. It does sound peculiar.

You may wish to make an Infopass appointment at your local office and ask them about this decision. Bring along all of your documentation and petition - and you may wish to check this site and print out the 'calculator date' to show that you did file within the 90 day limit prior to your green card expiring as you are allowed to do. http://www.uscis.gov...00045f3d6a1RCRD This does state that you were eligible to apply for citizenship on: 11/05/2010 - well before the 12/20/10 date of your petition.

I don't know if they will re-open it but it does appear to be a USCIS error. If you don't get any satisfaction that way, you might want to contact one of your Senators or your Representative and ask them to check into this on your behalf. An election year is a good time to request assistance from an elected official- but I would make the Infopass appointment first.

Good luck.

Edited July 29, 2012 by Kathryn41

[sasaqlain 24]

That means that not only did you get denied, you lost the $680 as well. I am sorry to know that. Maybe, there's been a mistake on their part, or maybe you checked the 3 year box instead of the 5 year one on the form. If you did file within the 6 week time based on 5 years and everything was alright on your part, you would be able to get relief, during the hearing and the decision reversed. Good Luck!

[VanessaTony 3,567]

The date you listed for Permanent residency was the "LPR since" date on your GC correct?

Have another look at the forms you filed, did you stick the 5 year box? or the 3 year box?

Unless you have the "LPR since" date wrong then you should be eligible now, but ticking the box incorrectly could result in a denial rather than an RFE.

[Paradise123 7]

To me it looks like USCIS did not make a mistake. You applied under the 319(a) section and you don't qualify for it since it is if you applied based on marriage:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html

[Yoji 0]

Thanks to all,

The Permanent Residency date fits the date on the GC and I checked the...

A. I have been______for at least five years.

Married – 07/08/05

Permanent Residency – 02/03/06 (as on the GC)

Divorced - 12/17/08

N-400 – 12/20/10 (4 years, 10 months, 17 days OR 1 month, 14 days)

Denial – 07/26/12 (1 year, 7 months, 6 days)

Yoji

[ceadsearc 516]

To me it looks like USCIS did not make a mistake. You applied under the 319(a) section and you don't qualify for it since it is if you applied based on marriage:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html

Where do you see that he applied under that section?

[Karee 4,190]

Seems like USCIS made a mistake. I'd go for an infopass appointment.

[Presley 4]

To me it looks like USCIS did not make a mistake. You applied under the 319(a) section and you don't qualify for it since it is if you applied based on marriage:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9859.html

How do u know that he made the mistake. How do u know that he applied under that section.

[Fight for Love 98]

wow that's a BIG rip-off :bonk:

dude how come you didn't atleast wait until you reach the 5years? any reason why you too excited to be citizen? are you planning to marry anyone soon? because if ever at the interview they will ASK you that too if you were planning to get married soon...they assumed ALL the times that you are about to petition someone.

anyhow maybe try to consult an lawyer. but i have a doubt you will be winning this case...just SIMPLE RULES 5 YEARS TO APPLY FOR US CITIZEN....because if you got away with it....it will be UNFAIR for those who waited.

goodluck

[EM_Vandaveer 2,408]

wow that's a BIG rip-off :bonk:

dude how come you didn't atleast wait until you reach the 5years? any reason why you too excited to be citizen? are you planning to marry anyone soon? because if ever at the interview they will ASK you that too if you were planning to get married soon...they assumed ALL the times that you are about to petition someone.

anyhow maybe try to consult an lawyer. but i have a doubt you will be winning this case...just SIMPLE RULES 5 YEARS TO APPLY FOR US CITIZEN....because if you got away with it....it will be UNFAIR for those who waited.

goodluck

Do you realize that you can apply 90 days BEFORE? (Either 90 days before the 3 years if based on marriage or 90 days before the 5 years if not based on marriage.)

I guess the reason is that it will take 3 months to process the application, so by the time the applicant gets to the oath ceremony, they WILL be either 3 or 5 years from having been granted LPR status...

Edited July 29, 2012 by EM_Vandaveer

[ceadsearc 516]

wow that's a BIG rip-off :bonk:

dude how come you didn't atleast wait until you reach the 5years? any reason why you too excited to be citizen? are you planning to marry anyone soon? because if ever at the interview they will ASK you that too if you were planning to get married soon...they assumed ALL the times that you are about to petition someone.

anyhow maybe try to consult an lawyer. but i have a doubt you will be winning this case...just SIMPLE RULES 5 YEARS TO APPLY FOR US CITIZEN....because if you got away with it....it will be UNFAIR for those who waited.

goodluck

I think you're confused. He is applying based on 5 years. The window to file opens 90 days prior. This was a mistake by USCIS, not him trying to get away with something. USCIS doesn't care if he wants to petition someone. They care if he is eligible for citizenship.

[Yoji 0]

Thanks again to all,

It's quite obvious they made a mistake.

I applied for 5 years and filed 45 days before the 5 years while

I have the right to apply 90 days before.

I'll try to find out tomorrow what the best way to handle this.

Yoji

[HelenBradley 28]

“You divorced ------ before you naturalized therefore you are not eligible for 319(a).

Yoji

Where do you see that he applied under that section?

The OP stated that in his original post.

Section 319(a) applies to individuals who have been lawful permanent residents for three years as the current spouse of a U.S. citizen, and continue to be married that U.S. citizen spouse.

Section 316(a) applies to spouses who have been lawful permanent residents for five years.

OP: Make an infopass appointment, if the letter you got says it was denied because you are ineligible to apply under 319(a) then there has been a mistake. Hopefully on their part! Best of luck!!

Edited July 29, 2012 by Helen Louise

[vip1 8]

Please keep us updated on your results in case this happens to someone else, good luck!!! :-)