N-400 put on review after the interview

[Nimmboy 1]

Hello....I'm not sure whether this belongs to Re-Entry Permit but here is my case.

I received my Green card in Feb'09 while I was on H4(dependent on my dad) and was in the middle of my undergrad there.So I immediately entered the US and applied for a Re-Entry permit for 2 years until I completed my studies.So I have been in the US from March'11 till date qulaifying for the rule of 30 months of continuous stay.

So I applied for the N-400 on March'15 after staisfying the rule of 4 years 1 day of stay.I was called for the interview today.In the interview the officer after the citizenship test,put my case under review and notified that I passed the test but said she will have to review my eligibility of continuous stay.

I'm have never heard of such kindof case.She said she will review and asked me tocheck the status online on USCIS website.I see nothing has appeared as of now.

Is there anyone of such case as mine ?

[jyaku 138]

Yes it's happened to me, same thing as you but after 2 months delay and I got a letter for citizenship swearing in.

However I was also unlucky in the sense that after I was interviewed for a Green Card in 1997, my file was placed in a "security check" for 9 years till I had a second interview and I didn't get my actual green card till 2007 and there was nothing I could do.

Just have to be patient..

Edited June 23, 2015 by jyaku

[Nimmboy 1]

Thanks much jayaku ....I will wait then ! That helps me to suffice my anxiety for a while !

[JimmyHou 610]

Hello....I'm not sure whether this belongs to Re-Entry Permit but here is my case.

I received my Green card in Feb'09 while I was on H4(dependent on my dad) and was in the middle of my undergrad there.So I immediately entered the US and applied for a Re-Entry permit for 2 years until I completed my studies.So I have been in the US from March'11 till date qulaifying for the rule of 30 months of continuous stay.

So I applied for the N-400 on March'15 after staisfying the rule of 4 years 1 day of stay.I was called for the interview today.In the interview the officer after the citizenship test,put my case under review and notified that I passed the test but said she will have to review my eligibility of continuous stay.

I'm have never heard of such kindof case.She said she will review and asked me tocheck the status online on USCIS website.I see nothing has appeared as of now.

Is there anyone of such case as mine ?

The 4 years + 1 day rule only applies if you had been a permanent resident living in the U.S. for 1 year before you left. That's where the 4 years comes from; they allow you to count that 1 year before you left towards the time required, which makes a total of 5 years.

If you left the U.S. right after you got your green card then you shouldn't have applied until you qualified under the 5 year rule.

This doesn't mean that your application will be denied... these rules are not enforced consistently. Just wait for the decision and best of luck. I hope you get approved. In the event that you do not, you should reapply 5 years - 90 days from your return (to be on the safe side and avoid further delays I would wait 5 full years from the date of your return). Hopefully you won't need this advice!

[JimmyHou 610]

The 4 years + 1 day rule only applies if you had been a permanent resident living in the U.S. for 1 year before you left. That's where the 4 years comes from; they allow you to count that 1 year before you left towards the time required, which makes a total of 5 years.

If you left the U.S. right after you got your green card then you shouldn't have applied until you qualified under the 5 year rule.

This doesn't mean that your application will be denied... these rules are not enforced consistently. Just wait for the decision and best of luck. I hope you get approved. In the event that you do not, you should reapply 5 years - 90 days from your return (to be on the safe side and avoid further delays I would wait 5 full years from the date of your return). Hopefully you won't need this advice!

I'm trying to find where I read that... I'll post it as soon as I do or I'll post that I couldn't find it.

I'd hate to give out wrong information.

[Nimmboy 1]

I'm trying to find where I read that... I'll post it as soon as I do or I'll post that I couldn't find it.

I'd hate to give out wrong information.

Thanks for your advice JimmyBoy ....What you have mentioned about one year of stay before I left, did not seem to be on the rule book when I applied.Do not get me wrong, I may have missed it.But it would be helpful if you can point out that rule for me.Thanks.

[JimmyHou 610]

Hello....I'm not sure whether this belongs to Re-Entry Permit but here is my case.

I received my Green card in Feb'09 while I was on H4(dependent on my dad) and was in the middle of my undergrad there.So I immediately entered the US and applied for a Re-Entry permit for 2 years until I completed my studies.So I have been in the US from March'11 till date qulaifying for the rule of 30 months of continuous stay.

So I applied for the N-400 on March'15 after staisfying the rule of 4 years 1 day of stay.I was called for the interview today.In the interview the officer after the citizenship test,put my case under review and notified that I passed the test but said she will have to review my eligibility of continuous stay.

I'm have never heard of such kindof case.She said she will review and asked me tocheck the status online on USCIS website.I see nothing has appeared as of now.

Is there anyone of such case as mine ?

The 4 years + 1 day rule only applies if you had been a permanent resident living in the U.S. for 1 year before you left. That's where the 4 years comes from; they allow you to count that 1 year before you left towards the time required, which makes a total of 5 years.

If you left the U.S. right after you got your green card then you shouldn't have applied until you qualified under the 5 year rule.

This doesn't mean that your application will be denied... these rules are not enforced consistently. Just wait for the decision and best of luck. I hope you get approved. In the event that you do not, you should reapply 5 years - 90 days from your return (to be on the safe side and avoid further delays I would wait 5 full years from the date of your return). Hopefully you won't need this advice!

I'm trying to find where I read that... I'll post it as soon as I do or I'll post that I couldn't find it.

I'd hate to give out wrong information.

OK, my first reply above was WRONG!

Here you go:

http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

Bottom of page 23.

It clearly states that the time before breaking continuous residence does not apply towards citizenship but that the last 364 days outside the US before returning to the US does count. I had it backwards.

Sorry for the mistake; the rules can be confusing. So I'd say that you are eligible under the 4 + 1 rule, but again, there is a problem with USCIS interviewers not applying these rules consistently.

Edited June 23, 2015 by JimmyHou

[breyandtthew 5]

I'm trying to find where I read that... I'll post it as soon as I do or I'll post that I couldn't find it.

I'd hate to give out wrong information.

Thats why you're one of the best here in the VJ ! Thanks for answering our questions here on VJ without being arrogant and preachy!

[JimmyHou 610]

Thats why you're one of the best here in the VJ ! Thanks for answering our questions here on VJ without being arrogant and preachy!

Thanks!