N400 IO experience

[CS5305 0]

My wife went to N-400 interview. 

The Immigration officer (IO) asked a civic question as door way greeting before swearing in.  Is this legal?

 

My wife answered the civic correctly but IO's rude, confrontational behavior just continued the entire interview process. My wife passed civic test, written teat and reading test. However IO failed my wife because my wife was so afraid and forgot meaning of "genocide"

 

The door way civic was "when the Declaration of Independence was adopted” at the doorway. 

[TBoneTX 45,849]

Thread is moved from General Immigration Discussion to the US Citizenship Case Progress subforum.

[Bugs 455]

So she answered yes to the genocide question?  Or just had to be explained the meaning before answering no?

[CS5305 0]

My wife answered 4 "no" to the part-12 questions. The IO asked "what is the meaning of genocide" as question #5. My wife could not remember the meaning and IO failed the interview.

[mcdull 474]

4 hours ago, CS5305 said:

My wife answered 4 "no" to the part-12 questions. The IO asked "what is the meaning of genocide" as question #5. My wife could not remember the meaning and IO failed the interview.

Makes sense to me.  If she didn't understand  the meaning of the questions,then how could she answer them truthfully?  

[CS5305 0]

Part 12 of N-400 has 50 "Yes"  and "No" questions. It is "speaking" test.   "Civic" test allows up to 4 wrong answers (passing score is 6 out of 10). "Written" and "Reading" allows up to 2 wrong answers (passing score is 1 out of 3). So you mean the passing score for part-12 is 100%?????  "Not" knowing the meaning of "genocide" in English does not mean not knowing "genocide". 

 

IO's behavior is the reason to cause my wife to forget the meaning of "genocide" in English.

 

In any case, I want to know if IO  has the right to ask a "door way" civic question.  Interviewee has not been swearing in yet. In addition, "civic" test is 6 out  of 10.  IO asked the "door way" civic question means interviewee has to answer 7 out of 10 civic questions.  IO changed the game rule.

 

 

 

[Bugs 455]

24 minutes ago, CS5305 said:

Part 12 of N-400 has 50 "Yes"  and "No" questions. It is "speaking" test.   "Civic" test allows up to 4 wrong answers (passing score is 6 out of 10). "Written" and "Reading" allows up to 2 wrong answers (passing score is 1 out of 3). So you mean the passing score for part-12 is 100%?????  "Not" knowing the meaning of "genocide" in English does not mean not knowing "genocide". 

 

IO's behavior is the reason to cause my wife to forget the meaning of "genocide" in English.

 

In any case, I want to know if IO  has the right to ask a "door way" civic question.  Interviewee has not been swearing in yet. In addition, "civic" test is 6 out  of 10.  IO asked the "door way" civic question means interviewee has to answer 7 out of 10 civic questions.  IO changed the game rule.

 

 

 

They can ask questions, including the civics questions, before the oath.  The oath is an oath to tell the truth on anything henceforth.  It is not a green light for the test to begin.  

 

Besides, you said she passed the civic test.  I think you are zeroing in on the wrong thing here.  

 

You are saying she failed due to an inability to define genocide.  If she failed the speaking test as a result of this, I believe she gets a second chance.  If she failed because the IO believes she wasn't being truthful in her application, then I believe she has to start over and reapply.

[MnMJourney 28]

24 minutes ago, CS5305 said:

Part 12 of N-400 has 50 "Yes"  and "No" questions. It is "speaking" test.   "Civic" test allows up to 4 wrong answers (passing score is 6 out of 10). "Written" and "Reading" allows up to 2 wrong answers (passing score is 1 out of 3). So you mean the passing score for part-12 is 100%?????  "Not" knowing the meaning of "genocide" in English does not mean not knowing "genocide". 

 

IO's behavior is the reason to cause my wife to forget the meaning of "genocide" in English.

 

In any case, I want to know if IO  has the right to ask a "door way" civic question.  Interviewee has not been swearing in yet. In addition, "civic" test is 6 out  of 10.  IO asked the "door way" civic question means interviewee has to answer 7 out of 10 civic questions.  IO changed the game rule.

 

 

 

I think you're confusing the tests with the application. And it is not a "speaking" test. You have to answer the questions in the application truthfully and swear to them. The IO must have concluded that the applicant could not have filled out the form truthfully if the applicant did not know what the questions meant.  Did you enter an interpreter in the application? If you did, I believe you could have brought the interpreter or requested on for those questions at the interview. But if you can't answer those questions - or the IO believes you can't, he/she will not sign Part 16, which is the part you need need to be sworn in.

 

The tests on the other hand need no oath, and it would serve no purpose. Why would anyone intentionally misstate an answer if they knew it would be to their detriment? So yes, the IO can ask test questions without swearing in the applicant, it is not changing the rules.

 

That being said - was the conduct of the IO professional? Maybe not. People do hope that the IO greets them, takes them to their office and puts them at ease before starting the process. But I'd be surprised if there was some requirement to do so. So I'm not sure there is much you can do about that at this point - sorry.

 

 

[CS5305 0]

Yes, I filed the N-400 as interpreter. Interpreter cannot join the interviewee.  As far as I knower, even lawyer cannot say anything during interview process.

[MnMJourney 28]

8 hours ago, CS5305 said:

Yes, I filed the N-400 as interpreter. Interpreter cannot join the interviewee.  As far as I knower, even lawyer cannot say anything during interview process.

That's incorrect - both interpreters and lawyers are allowed in the interview. Clearly stated:

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartB-Chapter3.html

 

If you filled a G-1256 and qualified as an interpreter - you could have joined. Recently USCIS published a policy manual detailing the roles and qualification of interpreters:

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2017/2017-17-1-RoleUseInterpreters-PM-602-0125-1.pdf

 

But again - you are confusing the application portion of the interview and the testing portion. The interpreter cannot help with the testing portions - English and civics (unless she meets certain exceptions, which since you didn't mention no need to discuss here).The speaking portion of the test does require the applicant to be able to understand and answer questions related to eligibility:

 

from:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartE-Chapter2.html#footnote-5

1. Speaking Test

 

An officer determines an applicant’s ability to speak and understand English based on the applicant’s ability to respond to questions normally asked in the course of the naturalization examination. The officer’s questions relate to eligibility and include questions provided in the naturalization application. ^[7] The officer should repeat and rephrase questions during the naturalization examination until the officer is satisfied that the applicant either understands the questions or does not understand English.

 

An applicant who does not qualify for a waiver of the English requirement must be able to communicate in English about his or her application and eligibility for naturalization. An applicant does not need to understand every word or phrase on the application.

 

Passing the Speaking Test

 

If the applicant generally understands and responds meaningfully to questions relevant to his or her naturalization eligibility, then he or she has sufficiently demonstrated the ability to speak English. 

 

Failing the Speaking Test

 

An applicant fails the speaking test when he or she does not understand sufficient English to be placed under oath or to answer the eligibility questions on his or her naturalization application.

The officer must still administer all other parts of the naturalization test, including the portions on reading, writing, and civics.

 

An officer cannot offer or accept a withdrawal of a naturalization application from an applicant who does not speak English unless the applicant has an interpreter present who is able to clearly understand the consequences of withdrawing the application. ^[8] 

 

Looks like your wife failed because she could not answer eligibility questions. The good news is - if that was indeed the case, and you'll have to wait for the decision in mail - she'll be eligible for another shot in 90 days. Good luck to you two on that!

 

 

[mcdull 474]

13 hours ago, CS5305 said:

Part 12 of N-400 has 50 "Yes"  and "No" questions. It is "speaking" test.   "Civic" test allows up to 4 wrong answers (passing score is 6 out of 10). "Written" and "Reading" allows up to 2 wrong answers (passing score is 1 out of 3). So you mean the passing score for part-12 is 100%?????  "Not" knowing the meaning of "genocide" in English does not mean not knowing "genocide". 

 

IO's behavior is the reason to cause my wife to forget the meaning of "genocide" in English.

 

In any case, I want to know if IO  has the right to ask a "door way" civic question.  Interviewee has not been swearing in yet. In addition, "civic" test is 6 out  of 10.  IO asked the "door way" civic question means interviewee has to answer 7 out of 10 civic questions.  IO changed the game rule.

 

 

 

I am sorry that your wife just happened to forget the meaning of "genocide".  Sign her up some ESL classes maybe?

[CS5305 0]

Hello MnMJourney,

 

You immigration knowledge really help. My "ZERO" immigration knowledge is "Poor, poor and more poor".  My "ZERO" knowledge was from an attorney.....  

 

It is my fault that I did not check my source more carefully. I am going to seek a good attorney now.

[MnMJourney 28]

On 6/17/2017 at 4:52 PM, CS5305 said:

Hello MnMJourney,

 

You immigration knowledge really help. My "ZERO" immigration knowledge is "Poor, poor and more poor".  My "ZERO" knowledge was from an attorney.....  

 

It is my fault that I did not check my source more carefully. I am going to seek a good attorney now.

No worries @CS5305

 

Just my personal opinion - I would wait to receive the letter detailing the reason of failure. If its indeed the reason I assumed - have her study and practice a little more for the second interview. If you qualify, file G-1256 and try to accompany her into interview for moral support. Maybe it puts her at ease, and she won't be nervous. But, of course you will not be able to answer any testing questions. Hopefully that works.

 

If she does not succeed the second time, or the denial was based on something else, you may want to get an attorney at that time. But, I personally don't think an attorney is necessary at this time.

 

Cheers!