A Naturalization SNAFU bordering on FUBAR
#1
A Naturalization SNAFU bordering on FUBAR
The office where I am "of counsel" had a client come in late last year who wanted to become a citizen ASAP.
His I-551 card stated he had been a permanent resident since "2-27-2008." Knowing that we can file 90 days "early" -- the office prepared and filed the N-400 on December 3, 2012.
Office receives interview notice for March 14, 2013 in San Bernadino [60 miles from the office]. Interview goes just fine, English, Civics, check, check check. Very nice officer then frowns -- the adjustment I-485 has an approval date of 3-27-2008!
Profuse apologies with a promise to request a filing fee refund.
[p.s., the 2008 approval was after a 2007 interview followed by a minor RFE, so client had no way of knowing the March 2008 approval notice had not been delayed a month in getting out to him].
His I-551 card stated he had been a permanent resident since "2-27-2008." Knowing that we can file 90 days "early" -- the office prepared and filed the N-400 on December 3, 2012.
Office receives interview notice for March 14, 2013 in San Bernadino [60 miles from the office]. Interview goes just fine, English, Civics, check, check check. Very nice officer then frowns -- the adjustment I-485 has an approval date of 3-27-2008!
Profuse apologies with a promise to request a filing fee refund.
[p.s., the 2008 approval was after a 2007 interview followed by a minor RFE, so client had no way of knowing the March 2008 approval notice had not been delayed a month in getting out to him].
#2
Re: A Naturalization SNAFU bordering on FUBAR
So his permanent resident card "resident since" date was incorrect, right?
Rene
Rene
#3
Re: A Naturalization SNAFU bordering on FUBAR
It was off by one month -- he had adjusted on "3/27/2008" and not "2/27/2008." So the application was prematurely filed -- it should have been rejected by Service Center.
#4
Re: A Naturalization SNAFU bordering on FUBAR
I read the last part of the title as FBAR and wondered what that had to do with naturalization
#7
Re: A Naturalization SNAFU bordering on FUBAR
He came in yesterday and the new application will be sent in on Monday. We know that the fee refund will take many months. In hindsight, I wonder if I should have asked to refile locally then and there with a fee waiver -- I don't know if the local office had the authority or not.
#8
Forum Regular
Joined: Dec 2007
Posts: 30
Re: A Naturalization SNAFU bordering on FUBAR
Also, is there a lessons learned for the rest of us here? Is there a way to go back and confirm the 'resident since' date on our cards is correct?
#9
Re: A Naturalization SNAFU bordering on FUBAR
Rene
#10
Re: A Naturalization SNAFU bordering on FUBAR
So how is it possible that they approved the case originally on 2-27-2008 when the same office or officer did not issue the final I-485 approval until 3-27-2008?
Also, is there a lessons learned for the rest of us here? Is there a way to go back and confirm the 'resident since' date on our cards is correct?
Also, is there a lessons learned for the rest of us here? Is there a way to go back and confirm the 'resident since' date on our cards is correct?
Want to be paranoid? Do a FOIA/PA on your own file. [BTW, the redactions on the FOIA/PA productions are somewhat weird. For example, I've seen the parents' names blacked out on birth certificates. Also, the spouses' information on the G-325 provided by the alien will also be blacked out. Weird.]
#11
American Expat
Joined: Jan 2004
Posts: 7,598
Re: A Naturalization SNAFU bordering on FUBAR
I once learned of someone who submitted an N-400 application with fee. CIS sent him a receipt and an immediate rejection. The applicant had been an F-1 student for 5 years and figured he would be eligible since he had been residing permanently in the US for the requisite 5 years. It made perfect sense to him, but CIS didn't see it that way. He didn't even have an A number. CIS kept the money.
#12
Re: A Naturalization SNAFU bordering on FUBAR
He/she must of had reading comprehension problems...
#13
not even a fake TV lawyer
Joined: Sep 2009
Posts: 444
Re: A Naturalization SNAFU bordering on FUBAR
When I got my PR card, It was a manual process of the agent filling out a form, by hand, indicating what data would be included on the card... mine came out OK, but my sister in law had a similar situation where her card showed,in her case, approval many months in advance.
#14
Re: A Naturalization SNAFU bordering on FUBAR
As far as I know the date on mine was correct (I traded up for citizenship 6 years ago), but it did have TWO material errors when it was first issued: despite immigrating on a British passport, my nationality was recorded as Irish (apart from one short vacation I have NO connection whatsoever with the island of Ireland), and my surname name was changed by switching the first letter, similar to Jones becoming Bones!