N400 App. Help Needed
Dec 11th 2008, 2:20 am
#16
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: N400 App. Help Needed
Well if you don't hear from the USCIS for an interview until after your 5 years occurs (April 2009) then you are in the clear. In fact you might well be in the clear 90 days prior to that date since you would have been eligible to file at that time based on 5 years PR status less 90 days.
I think your interpretation is a perfectly reasonable one. Unfortunately, USCIS happens to disagree with both of us on this one. Sections 316(a) & 319(a) of the Act talk about eligibility at time of "filing." And CIS thinks that OP would have gotten a "head start" on the process if they did not require a new application.
And I know that makes no sense whatsoever -- but that is the way "City Hall" sees this one. Too expensive to fight, so City Hall wins by default. [BTW, one of the points in Roe v Wade was how to avoid "mootness" regarding an issue that will keep repeating itself but nonetheless evading review under the "case and controversy" requirement. ]
Last edited by Folinskyinla; Dec 11th 2008 at 2:24 am.
Dec 11th 2008, 1:14 pm
#17
Concierge
Joined: Apr 2001
Posts: 46,391
Re: N400 App. Help Needed
Thank you
Dec 11th 2008, 10:33 pm
#18
Pain in the Butt
Thread Starter
Joined: Mar 2006
Location: Newark, DE
Posts: 286
Re: N400 App. Help Needed
Thanks Mr F, I was hoping that you'd jump in on this one. Really appreciate the input and.
Graham
Graham
Oct 22nd 2009, 3:53 am
#19
Pain in the Butt
Thread Starter
Joined: Mar 2006
Location: Newark, DE
Posts: 286
Re: N400 App. Help Needed. Major Bump With an Update
Well we ended up filing for divorce end of Jan (Jan 29th) which would have fallen within the 90 day window for the 5 years (5 years would have been 04/14/09). Divorce was final 06/15/2009.
As for USCIS, they lost the letter requesting the case be re-opened tried to tell me that I would have to reapply cause it was past a year since the case was closed. (turns out the original interview should have been 02/08/08). After kicking up some major stink in the office and refusing to accept that as an answer, they reopened the case.
Citizenship interview is now 10/23/2009, Friday.
I'm ever hopeful but not holding my breath that they won't close the file and make me reapply. While weak, I'm going to use the folllowing arguments and see what happens.
1. Case should have gone to interview 02/0/08 when we were happily married. No notice to appear was received
2. Request was made to reopen case was made 09/2008 in person at the Philly office... again while married
3. USCIS lost letter requesting case be reopened (letter was written infron of officer in their office) (while happily married)
4. Infopass made in March as I hadn't heard anything, they had to request file to find out why app wasn't re-opened and see if the letter was in the file.
June File received back, no letter requesting file be re-opened.
5. 5 Yr mark for being eligible under the 5 year rule was 04/14. Divorce wasn't final till 06/15.
As I said I;m not holding out to much hope, have the new app ready to go and the funds ready if it all goes pear shaped.
Wish me luck for Friday though, I'll put another update then of how I get on.
Graham
p.s. if any one (Mr F & company) knows of any new legal precedent that I can use, please let me know I can use all the help possible right now to save the money of the new app.
As for USCIS, they lost the letter requesting the case be re-opened tried to tell me that I would have to reapply cause it was past a year since the case was closed. (turns out the original interview should have been 02/08/08). After kicking up some major stink in the office and refusing to accept that as an answer, they reopened the case.
Citizenship interview is now 10/23/2009, Friday.
I'm ever hopeful but not holding my breath that they won't close the file and make me reapply. While weak, I'm going to use the folllowing arguments and see what happens.
1. Case should have gone to interview 02/0/08 when we were happily married. No notice to appear was received
2. Request was made to reopen case was made 09/2008 in person at the Philly office... again while married
3. USCIS lost letter requesting case be reopened (letter was written infron of officer in their office) (while happily married)
4. Infopass made in March as I hadn't heard anything, they had to request file to find out why app wasn't re-opened and see if the letter was in the file.
June File received back, no letter requesting file be re-opened.
5. 5 Yr mark for being eligible under the 5 year rule was 04/14. Divorce wasn't final till 06/15.
As I said I;m not holding out to much hope, have the new app ready to go and the funds ready if it all goes pear shaped.
Wish me luck for Friday though, I'll put another update then of how I get on.
Graham
p.s. if any one (Mr F & company) knows of any new legal precedent that I can use, please let me know I can use all the help possible right now to save the money of the new app.
Oct 22nd 2009, 1:55 pm
#20
Member
Joined: Apr 2001
Posts: 14,049
Re: N400 App. Help Needed. Major Bump With an Update
Graham,
Thanks for the update, and good luck on Friday.
Regards, JEff
Thanks for the update, and good luck on Friday.
Regards, JEff
Well we ended up filing for divorce end of Jan (Jan 29th) which would have fallen within the 90 day window for the 5 years (5 years would have been 04/14/09). Divorce was final 06/15/2009.
As for USCIS, they lost the letter requesting the case be re-opened tried to tell me that I would have to reapply cause it was past a year since the case was closed. (turns out the original interview should have been 02/08/08). After kicking up some major stink in the office and refusing to accept that as an answer, they reopened the case.
Citizenship interview is now 10/23/2009, Friday.
I'm ever hopeful but not holding my breath that they won't close the file and make me reapply. While weak, I'm going to use the folllowing arguments and see what happens.
1. Case should have gone to interview 02/0/08 when we were happily married. No notice to appear was received
2. Request was made to reopen case was made 09/2008 in person at the Philly office... again while married
3. USCIS lost letter requesting case be reopened (letter was written infron of officer in their office) (while happily married)
4. Infopass made in March as I hadn't heard anything, they had to request file to find out why app wasn't re-opened and see if the letter was in the file.
June File received back, no letter requesting file be re-opened.
5. 5 Yr mark for being eligible under the 5 year rule was 04/14. Divorce wasn't final till 06/15.
As I said I;m not holding out to much hope, have the new app ready to go and the funds ready if it all goes pear shaped.
Wish me luck for Friday though, I'll put another update then of how I get on.
Graham
p.s. if any one (Mr F & company) knows of any new legal precedent that I can use, please let me know I can use all the help possible right now to save the money of the new app.
As for USCIS, they lost the letter requesting the case be re-opened tried to tell me that I would have to reapply cause it was past a year since the case was closed. (turns out the original interview should have been 02/08/08). After kicking up some major stink in the office and refusing to accept that as an answer, they reopened the case.
Citizenship interview is now 10/23/2009, Friday.
I'm ever hopeful but not holding my breath that they won't close the file and make me reapply. While weak, I'm going to use the folllowing arguments and see what happens.
1. Case should have gone to interview 02/0/08 when we were happily married. No notice to appear was received
2. Request was made to reopen case was made 09/2008 in person at the Philly office... again while married
3. USCIS lost letter requesting case be reopened (letter was written infron of officer in their office) (while happily married)
4. Infopass made in March as I hadn't heard anything, they had to request file to find out why app wasn't re-opened and see if the letter was in the file.
June File received back, no letter requesting file be re-opened.
5. 5 Yr mark for being eligible under the 5 year rule was 04/14. Divorce wasn't final till 06/15.
As I said I;m not holding out to much hope, have the new app ready to go and the funds ready if it all goes pear shaped.
Wish me luck for Friday though, I'll put another update then of how I get on.
Graham
p.s. if any one (Mr F & company) knows of any new legal precedent that I can use, please let me know I can use all the help possible right now to save the money of the new app.
Oct 22nd 2009, 3:09 pm
#21
Concierge
Joined: Apr 2001
Posts: 46,391
Re: N400 App. Help Needed
Good luck tomorrow.
Why don't you bring a newly completed N-400 with you based on the 5 year rule and a check for the new fee? Can't hurt to have it with you.
AMENDED: I just read that you have all that.
Why don't you bring a newly completed N-400 with you based on the 5 year rule and a check for the new fee? Can't hurt to have it with you.
AMENDED: I just read that you have all that.
