jmood

I applied for naturalization based on marriage to USC in June 2012, had my interview in Jan or Feb 2013, there were no issues in the case, interview was smooth and fine, however was not approved on the spot.

I then had to leave the US to go back to the UK for what I thought was a short trip (I actually left with only hand baggage) but ended up staying 5 months in the UK, and then traveled on in Europe to take care of some other affairs. So in total I was away 6 months. I called USCIS at some point but I had forgotten to take my application number with me and they refused to be of any help with a SS# or the number on the GC. I returned yesterday to find:

-A VM messsage on my mobile dated Aug 15th from an immigration office (no specifics)
-Several letters from USCIS. Apparently they scheduled me for an oath ceremony first on June 20th, then on July 24th. They are saying a motion informed that my failiure to attend multiple ceremonies created a presumption that I no longer have intent to naturalize and that I failed to respond within 15 days to a letter sent, so they are "denying" my N-400. They say I can file an N-336 now.

Yes, it sounds pretty stupid and it is. No, I did not have anybody I felt I could ask to check my mail. Yes, towards the last few months I kind of "forgot" about the whole thing even though in the first few months I was nervous. Yes, naturalization was/is actually critical to me (I want to apply for residence for my elderly father whose care I took over last year). Yes, I feel like an idiot because I created this situation.

Moreover there is now a $650 fee for the N-336, though it says one can apply for a waiver. I haven't worked for along time. I became a student a while back, then having to care for my father I dropped that, but the financial burden has increased. My husband is having serious mental issues and also hasn't been earning for a while, so he can't support me either.

Any advice much appreciated. The obvious questions are:

-I think I have exceeded the out of the US for more than 6 months rule by 1 or 2 days in 2013. idiot, idiot idiot. In deciding the case will they only take into account the days before the N-400 application or also the days till the N-336 submission

-What exactly constitutes 6 months? 6 calendar months or a certain number of days? If you leave on day x, does day x count as overseas or in the US. If you arrive on day y, does day y count as in the US?

-What constitutes acceptable grounds for missing the oath ceremonies?
I actually had a personal health scare the 4th week of August (suspected breast cancer) and had to have several tests while overseas. But they could ask what I was doing till then. Yes, I did have important matters to take care of but obviously they were important to me. I wonder what they care about or not.

-Will they ask the date I left the US? The N-336 form doesn't seem to have a question relating to absence from the US

-How long will processing take?

The entire 6 months away from the US was trying to set up the framework to properly take care of my ailing father, which in itself depends on getting him residence, I should have thought of all this, so I've seriously screwed up here and hence feel like an idiot. Please be gentle with me. Thanks.

ian-mstm

Why don't you just submit a new N-400 application?


This information is spelled out in the Guide to Naturalization.


I doubt anyone here knows... I don't recall this happening before!

I suggest you simply reapply once you become eligible. The info in the Guide should give you info on when that'll be.

Ian

jmood

Yes, that sounds simple enough, terrible situation for me. Are you sure it is the only way? I am desperate as I had based all my plans around becoming a USC about now, so I could apply for residence for my dad. I am the ONLY person who will take care of him and putting him into a care home is out of the question as I know it will accelerate his decline dramatically as well as completly crush his morale.

I stayed only 1 or 2 days longer than 6 months. That was "after" my interview. Does that count? I had been in continuous residence for the 3 years before.
I missed the oath ceremonies because I was out of the country and didn't get notice. Does that count?

Maybe they won't ask me about my time outside the US after the interview. Does anyone know whether they will?

ian-mstm

That info is in the Guide. I could tell you, but I'd have to look it up myself - and, with respect, you should be the one doing it!


I doubt it. It's your responsibility to make arrangements to get your mail. If you didn't, for whatever reason, well... that's on you.


Here's something I do know off the top of my head: on the day of your oath ceremony, you must account for all time spent out of the US since the interview. It's on a form that you sign - in front of them - on the day of your oath ceremony.


When you are desperate, you will make poor decisions - indeed, very poor decisions. If your plan is to get your dad to the US, I suggest you move forward from this point in time, and not dwell on missed opportunities that have now passed. Read the Guide - it will be time well spent. Indeed, you may be pleasantly surprised.

Ian

jmood

I did read the guide before my last reply but found nothing. It says on page 22 to look at the last page for the document checklist if one has been outside the US for more than 6 months, but I found nothing. I will want to hug you if I am pleasantly surprised by the guide. I think I already made many poor decisions in the last 7 months, which is why I feel like an idiot now.

Jerseygirl

Why would you bring your ailing father to the US when he has access to the NHS in the UK? Many people have plans to bring their elderly parents to the US...only to find it is not feasible because of healthcare.

jmood

Would be perfect, except he is not British. I thought about getting UK residence for him but for some reason they make the rules/conditions non-transparent in the UK and the process seemed harder than that in the US. So yes, I thought hard about it, but on balance being in the US will be better for the both of us.

jeffreyhy

Interesting that the Continuous Residence requirement is broken by leaving the USA for a trip of 6 months or longer, yet the Eligibility Worksheet at the back of the Guide asks if there has been a trip of 1 year or more. Assuming that 6 months is the correct time period, if you did not get an approved Form N-470, then you are beginning your Continuous Residence period over again and are not presently eligible to apply for naturalization.

Anyway, the last item at the bottom of the first page of the Document Checklist does suggest evidence that one should submit of continued living, working, or otherwise keeping ties to the USA.

Regards, JEff

Regards, JEff

jmood

I could have come back 2 days earlier and all would have been fine. Perhaps even only 1 day earlier. Biggest idiot...

Any exemptions I wonder? Medical? I had a cancer scare and work ups plus my father had medical work ups.

Duncan Roberts

Were you physically unable to travel? Was you being in attendance critical to anything your father had done?

ian-mstm

I suggest you contact J Craig Fong. Talk to J... maybe he'll be able to give you other options.

Ian

jmood

I was not physically unable to travel.

I have be with my father for anything related to him because he has Alzheimers. I had to get a full spine and bilateral knee MRI and 3 dental implants for him in his home country where he has health insurance. I also had several medical procedures done.

I contacted Mr Folinsky today but seems he no longer does consults. I ended up seeing someone else who advised I should file the N-336 and explain with examples/proof that I have not abandoned the naturalization process. He said the issue is that I missed the 2 oath ceremonies and not the time I spent abroad, that that time could be overlooked.

Thoughts?

Jerseygirl

Ian provided a name and a link in his last post.

jmood

After I already paid $250 to a name Mr Folinsky gave, do you think it's worth spending another 250?

ian-mstm

When I made my post, I didn't know you had already forked out money!


J will likely give you a free consult, but I'm sure Mr. F. wouldn't steer you wrong! That said, would it be worth it to you to spend another $250? You're the only one who can answer that.

Ian