Help
Posted 29 May 2008 - 12:59 AM
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.
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
