Ozzidoc

OP - I imagine this must be quite stressful for you! I just wanted to say that it WILL all workout.....you've got this far along, what's an extra little unexpected hurdle?

Thinking of you!!

TracyTN

Got it, thanks! Just thinking in advance for hubby's natz next year.

Rete

Actually, Thinbrit did see a potential problem as she explained in post #11. He did what she thought was the correct thing and spoke with person(s) at immigration and was told there wasn't a problem. So yes, she was happy because he was reassured that all was well.

thinbrit

Perhaps my choice of words was poor. I should have said "Had the helpful contributors on this board not brought my attention to the error in my case..."

In my initial post I didn't know there was a problem! I had previously (before ever posting here) considered there could be and thought I had satisfied my concerns by calling the USCIS helpline prior to attending the naturalization ceremony. Prior to reading the advice and links to immigration law posted on here by others in response to this thread, I was unaware I had a problem in my case. I was sure I did not have a problem, after all the helpline told me I didn't. I posed the question what would have happened if I never found out I had a problem, as in, I didn't post my timeline here and have it scrutinized by the knowledgeable. Say for example I had obtained a US passport, changed by status with the SSA, and registered to vote - I imagine trying to fix these additional steps would have been extremely difficult.

I hope some good will come of this and others will not make the same mistake we did.

Noorah101

Your scenario is definitely rare, I'd never seen it before after 6 years on these forums....so I'd like to thank you for putting it out here for everyone to read. I am sure it will help someone in the future.

Rene

thinbrit

My thoughts on what will happen depend on what my current status is.

If indeed I am a US citizen until denaturalized then I fear this makes matters worse. I can't see how I can simply have another ceremony, as doing this would surely strip me of my existing citizenship - something only judicial process can do. One possible caveat is I have 3 business days to correct errors on my certificate - which may mean they can do something within that 3 day window.

If my naturalization is invalid, then I stand a chance USCIS can just give me a new naturalization ceremony date and amend my paperwork.

I've contacted a local law firm that specializes in immigration law, and I am waiting to hear back from them. Regardless as to whether they contact me in time, I intend to use the infopass and plead my case. Failing to attend would close the 3 business day window I have to 'correct problems with the certificate'.

I am being realistic as to my expectations on a resolution, and as such I am pessimistic. Yesterday I was over the moon, today I am carrying it

Folinskyinla

Hi:

I may be a lawyer, but I am not your lawyer. However, IMO, there is a difference between denaturalization and correction of an administrative error. In Gorbach, the underlying facts dealt with the "Citizenship 2000" initiative in 1995-6 which was the subject of controversy -- a small, but appreciable number of people were found, on post audit to have criminal records. A substantial number of these would not have been bars to naturalization in the first place.

Hernandez-Puente is a case from the BIA that scares me. If the matter can be corrected administratively, that is better. Also, there is an application for correction of a certificate of naturalization. Sometimes, it is best to get on record in an attempt to correct the problem -- if CIS says OFFICIALLY "no problem" -- then you are in a better position.

This is a judgment call.

thinbrit

Thank you, again.

I believe this is the form I was told about at the oath ceremony. We were told it was free to file within 3 business days of receiving the naturalization certificate, but $380 after that period.

My infopass appointment is on Tuesday.

I will post an update.

JAJ

And someone is prepared to put it in writing, perhaps?

But isn't the question now within the jurisdiction of the State Department?

Understood that it's a different country but the issue has come before the British courts, per the Home Office Nationality Instructions:

"The Court of Appeal confirmed in R -v- SSHD ex p Ejaz [1994] 2 All ER 436 that a certificate of naturalisation or registration will, in general, be conclusive evidence that the person acquired the specified citizenship or status on the specified date. It was irrelevant that, on the true facts of Ejaz, the application in that case should not have been granted ...

... It is unlikely that a court would regard a procedural irregularity, such as failure to pay a fee or to take the oath of allegiance at the appropriate time, as cause to treat a registration or naturalisation as a nullity."

This does not apply to cases of fraud, etc, but does apply to situations where someone may have been naturalised or registered as a British citizen in good faith without meeting the statutory requirements (residence, etc).

Folinskyinla

Hi:

You are correct that it is a different country. However, the case you note in interesting. I am curious on why you think the United States would be different from the UK in this situation?

brit-n-yank

Just for information - I have been here almost three years, married to USC.
I applied for naturalization 90 days before the date of third anniversary of arriving here.
I went up to Tucson for my interview last week, but was turned away by the US interviewer who apologized profusely but told me that as I hadn't been in USA for three years, she could not interview/test me. Or rather she could, but would then have to deny my application, leaving me to start all over again!
So we re-scheduled my appointment for two days after the anniversary date!

It did seem like a waste of her time and mine (and hubby's because he too had to take the day off work!). You would think they could have done the interview and test and then held the paperwork for three weeks, but no, not allowed.

Fingers crossed when I go up there again in two weeks' time!

JAJ

I am not suggesting the USA would be any different as US law has its roots in British law, barring any specific constitutional or statute provision with a different provision. And of course bearing in mind that while a US court may be influenced by the same principles, it would not have to come to the same conclusion.

I am still of the opinion that the State Department (not USCIS) is the one with jurisdiction to take a view on this and decide to take, or not take, any action.

ian-mstm

She lied. There was nothing stopping her from interviewing you. The *only* requirement is that you meet all eligibility criteria by the time you take the Oath of Allegiance. Whether or not you meet those criteria at the time you are interviewed is irrelevant. She also could have approved you then and there.

Anyway... water under the bridge now.

Ian

Norri

I agree with Ian, anyway welcome to BE and better luck next time

Folinskyinla

Hi:

I think that PHO is one of those areas that swears in the same day you pass the exam. In any case, completion had to be delayed -- I don't think she would have to deny it, but I can see how their procedure could have prevented approval.

Here in Los Angeles, the Oath Ceremony is conducted before District Court so a case is never sworn in the same day except for extremely extraordinary circumstances.