I feel like I am all alone and helpless so I would like to have your advise. This is in regards to the recent denial of my application for Citizenship, received on early April, 2008.

I respect the decision, and I am not appealing. However, USCIS officers let me to believe I was eligible for naturalization, and this information prompted me to prematurely begin the application process for citizenship.
On two separate accounts, USCIS officers in different locations informed me that I was eligible for citizenship due to my status as a spouse of a member of the U.S. Armed Forces. On January, 2007, at the Seattle International Airport, a USCIS Officer informed me of my eligibility and that the required residency period of 5 years should be waived. I later confirmed this information with an immigration lawyer as well. Yet I accompanied my spouse, now retired from the military, to an oversea naval station from May, 2004, through January, 2007, where he was stationed on military assignment. For this reason, I was uncertain of my eligibility. My husband and I visited the USCIS Chula Vista, CA, office in July, 2007, to verify my eligibility. We presented documents of my spouse's military assignment, and the officer clearly defined that my marital status conferred my eligibility without fulfilling the required 5-year residency. Based on that information, I submitted my application for citizenship on July, 2007.

On April, at the USCIS San Jose Office, my interview and test for citizenship was conducted. I passed the English writing and U.S. History Test. I presented documentation and a detailed letter explaining my absence to the officer who conducted my interview. However after the test, the officer notified me that a decision cannot yet be made about my application because he was uncertain about which section of the naturalization act my case would apply to.

Then few days later, I received a letter stating that I am ineligible for U.S. Citizenship because I did not meet the required 5 years residency period. This decision conflicts with information provided by the officers in Seattle and Chula Vista. To clarify the matter, I immediately made an appointment at the USCIS San Jose office, since I was given 30 days from the date on the notice to appeal the decision.

I went to the appointment on April 18, to speak with USCIS Authorities and resolve this conflict. I asked how such conflicting information could be given and for instructions on obtaining an administrative review to correct these errors. So far, I have received no answers regarding my case. After speaking with three officers, I was finally informed that the supervisor who could handle my case was in a meeting and unavailable. My case would be forwarded, and I could expect a response from the supervisor by Wednesday, April 23. I was told the director Francis D. Siciliano made the decision on my case. It was confirmed that my record and files were kept at that office, but obtaining access to the files would take several days. As of May 27, no representative from the USCIS San Jose office has contacted me.

I respect the decision that I am currently ineligible for naturalization. However, the fact that I was given inaccurate information by various USCIS Authorities cannot be disregarded. So I have wrote a letter to USCIS San Jose Office, requesting a full refund or a credit of the $400 application processing fee and explaining the reasoning, but they demanded me to pay another $605.00 fee for requesting for a hearing on the decision given on my application. I feel that I am being penalized due to inaccurate information, as detailed above. I was given 30 days to submit an appeal, yet I am not receiving timely assistance with respect to this deadline. The naturalization process should be fair, consistent, and timely. All USCIS officers in all offices should possess current, accurate, and correct information pertaining to U.S. citizenship. As stated by both Title 8 of the Code of Federal Regulations and the Immigration and Nationality Act, all documentation should be reviewed thoroughly to insure that an applicant meets all requirements prior to submitting an application for citizenship.

Obviously, those lower authorities at the information windows cannot help me or probably not even authorized to say anything on a complicated case like mine, I really think I need to address this to the other level or associate, not to the local USCIS who made the decision. Is there any associate? or how could I find the people in this regard? Could the National Benefits Center be the one I can to speak to? Does anyone go through the same type of refund collection issue? I did contacted a couple of lawyers, but they all said they are not accepting new cases at this moment. I am really ready to drop this case, to just let it go and give the $400 tuition in life. But one last time, I want to see how far I can take this.
As helpless as I am now, any information and advise will be greatly appreciated. Thank you for reading.

wow i dont know what to say.... for sure this complete process is handled by so many different people and they seem to apply what ever rule they see fit to apply........im to sure any of them completely know what the correct answer is to ur problem.......ur in my prayers i hope that it get resolved in ur favor
sara

Really sorry to hear your story.
When working with government or large companies, it is hard to get them to make change.
No one in the organization really cares. Your are just a number.
Example, the IRS can give you advice but they say if it is wrong, too bad. They are not liable.
Attorney would be not worth pursuing because their fees would exceed the $400.

You can keep trying hopefully someone will hear you but I wouldn't waste too much time.

Wish you luck.
My salute to you and your husband for your service to our country- true patriots.

You wrote that you confirmed it with an Immigration lawyer - why don't you ask him to support your case now? At the very least, it appears that your situation is very uncommon for the USCIS as well as the attorney you talked to - that being the case - he should be able to back you up with the statutes that he thinks support your case. Good Luck

I believe no refund will be forthcoming... Incorrect information provided by any USCIS employee cannot be relied upon. This is the same when dealing with any governmental agency (ie.. IRS, et al..) If you look at most agencies websites and publications it will have a disclaimer to the effect that, and I am paraphrasing, that an individual may not assert agency employee comments as a defense in any proceedings..... yada yada yada....

Contact your congressman, that is what they are for. They may provide special assistance, especially with the armed forces service. Be relentless in having them assist you. Also contact your senators office but they will be less helpful unless you are lucky enought to have one that is running for president! I doubt you will get a refund, but maybe soacial handleing or a waiver or a special law just for you if you are persistent.

I had more luck with my senator, only runs every six years so has more time and has a full time case worker for immigration purposes only. And have your military husband do the contacting on your behalf, after all it's also his 400 bucks, and as a veteran is given some special consideration. He also has his commanders for help and even JAG. I am a veteran as well and used that, hey, this is my wife, and this is my family bit.

Was under the impression that any US base was considered US territory, but maybe been out too long now and things have changed. But feel your husband would be far more effective than you for making inquiries.

If you want the name of a top immigration attorney, send me a message, us ex-military guys have to stick together.

i have seen and experienced this personally about and with the government.. everyone gives u a different answer the only way to find out is to take the risk..im seriously talking about this cuz i dont wana get into details but to get some info i needed i called and asked diff folks in the government and ll had diff answers and they all sounded sure of each of their answers lol so u know what u dont surprise me..

I agree with NickD contact your senator. I thought it was only 3 years if you were married to a USC? and I thought US bases were considered US territory.

Sorry to hear about your situation.
I think you might have misunderstood the circumstances that you are eligible for the US Citizenship.
You (your wife) is eligible at your 3rd year anniversary since she became a greencard holder
OR
if you are outside the US on military orders she does not have to meet this 3 years requirement BUT at the time of the naturalization she has to be in possession of a valid greencard as well as she has to stay AT LEAST ONE MORE YEAR overseas after the naturalization.

You probably misunderstood this and your lawyer was not as good informed as he should be.
But I really doubt that you can get the refund on your money back because people can tell you anything they want (sad but true) but fact is that you have to
gather the information to make sure that the informations are correct!

I have never ever heard of someone getting a refund of USCIS fee, for any reason whatsoever.

The fee is not for naturalization; it's for accepting your application and making a decision on it, which they did.

If people could rely on free USCIS information to reliably determine whether or not they're eligible for naturalization, then that would put the immigration lawyers out of business.

I can appreciate that you've been wronged, and I do suggest you work with your senators and representative. It may be that nothing will come of it, but I'm SURE nothing will come of it if you don't complain. Maybe your complaint, when added to a bunch of others, will eventually cause some action to be taken that'll save some future person from going through the same situation. Maybe they'll one day clarify and/or simplify the law.

I wish you luck in becoming the first one I know of to get a refund, but realistically, I don't think your chances are good.

I never brought up the refund question because recall reading some five years ago, any errors, miss answered questions, incorrect answers can reject your form with NO refund. And with over $2,000.00 in fees involved, elected to hire a top notch immigration attorney and was dead curious how he answered some of the questions that tripped my brain.

I have no experience with the USCIS with a denied application, so far, everything went through, but with other government agencies, if you do not agree with the decision, you get a piece of paper telling you how to appeal it. Did you receive anything like that? From what you said, I would put my emphasis on an appeal.

First off the requirement for length of continuous residence is only 3 years if you have been married to the same US citizen for all three years. The requirement for spouses of military personell is different. I believe the time spent out of the country on assignment can still be used. Read the instructions for the N-400 carefully. It sounds like the adjucating officer may have been mistaken. I doubt your elected public official can help you but it might be a good idea to talk to an experienced immigration attorney. I seriously doubt you will ever get your money back. Like someone else said, the fee is for processing your case not a favorable outcome.

Let me clarify something... Do you have conditional greencard at least? Do you have your husband stationed (continous) or at least a yeaR overseas for a year at the time of the interview?

If your spouse was stationed with the U.S. military overseas and you accompanied your spouse, were you living on base during that time? This might be deemed U.S. soil as it is afterall a military installation. I would contact your congressman and point out that your spouse was proudly serving their country and that you were with your spouse during their time in the service. I can't imagine after hearing about how they want to grant amnesty to countless millions of illegals that they wouldn't be willing to hear your story, one of attempting to gain citizenship through the legal channels. Contact your congressman time and time again, don't give up!!! By the way, service members SHOULD NOT be penalized and have their rights taken away by serving their country, their country should be bending over backwards to accomodate each member in the armed services.

I have found the following, hope it helps:

Sec. 319.11 Filing of application.


(a) General. An applicant covered by this part shall submit to the Service an application for naturalization on Form N-400, with the required fee, in accordance with the instructions contained therein. An alien spouse applying for naturalization under Section 319( of the Act and Sec.319.2 shall also submit a statement of intent containing the following information about the citizen spouse's employment and the applicant's intent following naturalization:


(1) The name of the employer and:


(i) The nature of the employer's business; or


(ii) The ministerial, religious, or missionary activity in which the employer is engaged;


(2) Whether the employing entity is owned in whole or in part by United States interests;


(3) Whether the employing entity is engaged in whole or in part in the development of the foreign trade and commerce of the United States;


(4) The nature of the activity in which the citizen spouse is engaged;


(5) The anticipated period of employment abroad;


(6) Whether the alien spouse intends to reside abroad with the citizen spouse; and,


(7) Whether the alien spouse intends to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse.


( Applications by military spouses.


(1) General. The alien spouses of United States military personnel being assigned abroad must satisfy the basic requirements of section 319( of the Act and of paragraph (a) of this section.


(2) Government expense. In the event that transportation expenses abroad for the alien spouse are to be paid by military authorities, a properly executed Certificate of Overseas Assignment to Support Application to File Petition for Naturalization, DD Form 1278 will be submitted in lieu of the statement of intent required by paragraph (a) of this section. Any DD Form 1278 issued more than 90 days in advance of departure is unacceptable for purposes of this section.


(3) Private expense. In the event that the alien spouse is not authorized to travel abroad at military expense, the alien spouse must submit in lieu of the statement of intent required by paragraph (a) of this section:


(i) A copy of the citizen spouse's military travel orders,


(ii) A letter from the citizen spouse's commanding officer indicating that the military has no objection to the applicant traveling to and residing in the vicinity of the citizen spouse's new duty station; and


(iii) Evidence of transportation arrangements to the new duty station.



\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 74 Examination of Form N-400. \ 74.2. Part-by-Part Discussion of Form N-400 Data. \ ( Part 2: Basis for Eligibility. (check one)

( Section 319( of the Act . This section of law requires that the applicant be a LPR (no set period) and that he or she is the spouse of a United States citizen who is assigned overseas with one of the following:


• U.S. military or U.S. government,


• U.S. firm engaged in the development of foreign trade and commerce of the US international organization of which the U.S. participates by treaty or statute,


• U.S. institution of research, or


• Religious ministry


In addition, the applicant must:


• Submit his/her application to any USCIS office;


• Be present in the U.S. at the time of naturalization;


• Declare in good faith an intention to take up residence within the U.S. immediately following the termination of employment abroad of the U.S. citizen spouse;


• (Generally) submit an affidavit from the spouse's employer itemizing the nature of the employment, length of time the spouse will be employed abroad, the ownership of the organization and the nature of the organization along with the naturalization application;


• Naturalize upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the U.S. or within a District or state shall be required; and


• Establish that he or she will depart to join the citizen spouse within 30-45 days after the date of naturalization.


I believe that after reading the above and perhaps emailing/faxing this to your Congressman AND Senator you will have a very good appeal going for you. I cannot imagine anyone being denied because they choose to be with their spouse during their time in the military, that right there should be a favorable action on your part, showing that you want to be with the one that you love and not be left alone in the United States. I truly wonder if the immigration lawyers do anything to earn their pay???