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Caroline and Phil

My friend's daughter had Naturalization denied

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Hello VJ friends!

So, my friend's daughter had her Naturalization denied. As USCIS explained on the letter she received yesterday, she filed N-400 too early. She must have confused something or messed up the dates.

I thought in these cases they would return the application, but her check was cashed and the application was processed. She had fingerprints taken, interview done, then received this letter of denial yesterday.

Now, my friend is devastated because she helped her daughter with the application so she's blaming herself and she asked me if a lawyer would help. I said, in my opinion it wouldn't because of the date it was filed. But I'm not sure, so I would like to know if someone here could give some suggestions.

Here are some information:

Application: N-400 for daughter

My friend came with K-1 Visa

Daughter came on February 2007 (she was 16 at the time)

She was granted Green Card on September 24 2007

Applied for N-400 on May 11 2012

Spent 52 days abroad on the period 5 years

Moved house on August 10 2012 (moved to another city within the same State)

So, she's asking me when she could refile her application and if there's something she could do with the current denied application.

I'm attaching the letter she received yesterday.

Thank you in advance for the help.

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Caroline (Brazil) and Phil (USA)

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Looks like she applied too early, just as they said. You can apply up to 90 days prior to the five year anniversary of becoming an LPR. That would have been 90 days prior to Sept. 24, 2012. She just needs to reapply as she is now inside the 90 day window.

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Looks like she applied too early, just as they said. You can apply up to 90 days prior to the five year anniversary of becoming an LPR. That would have been 90 days prior to Sept. 24, 2012. She just needs to reapply as she is now inside the 90 day window.

Yes, that's exactly what happened. :(

So could she reapply anytime now?


Caroline (Brazil) and Phil (USA)

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Sounds like it.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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What would you expect a Lawyer to do, she applied for a benefit she was not entitled to and was refused.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ditto, her fault she just needs to reapply and start over

Thanks, I will let her know. :)

I thought in these cases they would return her application without processing it though.


Caroline (Brazil) and Phil (USA)

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Unfortunately, they keep the application fee and you have to start all over. :(

Yes, she lost some money but as I said to her, "hey it's just money." :)

She decided she will refile on September 30th.

Thank you guys for the replies. :)


Caroline (Brazil) and Phil (USA)

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