n400 denied justly or not ?

[bkarm90 0]

Hi Guys,

On May 13th I've filed a n400 form for naturalization at my local USCIS office in Buffalo where I've been living for past 6 years.Initially entire process was going very smoothly. I've got my fingerprints done and quickly after that I've received an interview notice.

However, around at the same time I have also gotten a new job in New York City and USCIS interview date was essentially - well my first day on a new job. ( yea.. call it a luck.. ) Since time was not a factor, I've figured I could move my case to New York and finish the process over there. After a brief consultation with one of the USCIS officers in Buffalo, I've sent a request - followed by a valid reason to move my case to NYC. Then, once I moved to NYC I also filled out an address change form to make sure they will use my new address.

One week after that I received notice from USCIS that my case was moved to NYC and I should be awaiting for new interview date - great!! Two weeks after that I received a notice with the new interview date at New York Office location.

Fast forward to the interview date. I've arrived on time with all the requested documents. I have waited for about 20 minutes until my name was read - at least that's what I thought because nobody stood up and I've figured it must be me. (yes it's long and hard to pronounce). My officer was a black women who was really impolite. I've figured - well, since it's not her best day at work, I'm going to spare her any conversations and just answer her questions, period.
She asked me about everything in my application. Since I've got a new job and changed my place of living - she updated the application with new information.
At the end she told me I've passed the interview, however the decision cannot be made yet - she did not say why.

Month after the interview - still no feedback about my application.

In the middle of the October, my patience was wearing thin. I've used online status tool and ..... denied - "notice was sent on October 1st."
Which was like 2 weeks back but I still have not received any explanations from USCIS.
Instantly after that, I've set up an infopass appointment with USCIS in NYC and asked them to give me the letter personally.
It came out to be an address error - last two digits were switched. It was weird because they already had my new address in the system and they've already sent me a notice for the interview so.. how they could mess it up ?

Anyway! The reason my application was denied is ...

"During your interview you confirmed that you resided in XXX,Buffalo, New York from October 2009 to the time of filing your application. From the August 11 to the present you reside in XXX, Brooklyn, New York. According to INA 316, you must reside in USCIS Service distrist having jurisdiction over your application for 3 months before you may file Form N400. You have only resided for 33 days at the time of your interview thus you are unfortunately ineligible for naturalization at this time. For more information see INA 316 a 1".

Well.. that would be the end of story however something was still wrong to me. USCIS officer said earlier that the case transfer will definitely won't cause any harm. Additionally, the INA 316 a 1 states :

"immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months"

So if I understand this correctly: it's either a State or a District ? Since I was living in the same state shouldn't that requirement be uphold in this case?

I would appreciate any advices / help.
Should I just let it slide and file new application in new year ?

Thank you so much in advance.

Edited November 11, 2015 by bkarm90

[Georgia16 2,858]

Yes I think you should let it slide and file a new one later one. I don't think you will get anything out of them by fighting this one.

[aaron2020 11,652]

Why would you let it slide and pay again when USCIS made a mistake?

File an appeal.

[S_R 148]

In cases where an applicant has filed early and the required three month period of residence in a State or Service District falls within the required five-year period of continuous residence, jurisdiction for filing will be based on the three-month period immediately preceding the examination on the application.​ Your case is being treated as if it was a brand new application. It's ridiculous!

Edited November 11, 2015 by S_R

[bkarm90 0]

In cases where an applicant has filed early and the required three month period of residence in a State or Service District falls within the required five-year period of continuous residence, jurisdiction for filing will be based on the three-month period immediately preceding the examination on the application.​ Your case is being treated as if it was a brand new application. It's ridiculous!

Exactly! I will set up infopass appointment with them and ask for an explanation..

[boy15 23]

Exactly! I will set up infopass appointment with them and ask for an explanation..

I already consult this problem with an immigration lawyer (He's an expert in Immigration law). To be honest, USCIS was RIGHT when they denied your application. When they call them to transfer your case, they would NOT tell you that New York Field Office does NOT have jurisdiction over your application, just because they are not Immigration Officer who will adjudicate your case. They just simply transfer your application per your request. The letter also explain clearly states the reason why they denied your case. USCIS defines "the State or within the district of the Service in the United States" following their Field Office, for example a State may have more than 01 Field Office. A suggestion for your case is just wait until your live in New York City enough 3 months, then fill a new application rather than appeal, just because appealing is more costly and takes longer than filling a new application. I am so sorry! It's bitter, but USCIS did right.

[bkarm90 0]

I already consult this problem with an immigration lawyer (He's an expert in Immigration law). To be honest, USCIS was RIGHT when they denied your application. When they call them to transfer your case, they would NOT tell you that New York Field Office does NOT have jurisdiction over your application, just because they are not Immigration Officer who will adjudicate your case. They just simply transfer your application per your request. The letter also explain clearly states the reason why they denied your case. USCIS defines "the State or within the district of the Service in the United States" following their Field Office, for example a State may have more than 01 Field Office. A suggestion for your case is just wait until your live in New York City enough 3 months, then fill a new application rather than appeal, just because appealing is more costly and takes longer than filling a new application. I am so sorry! It's bitter, but USCIS did right.

I see... Thank you for your knowledgeable answer. I guess filing new application after 90 days of living in NYC will be the best option..

[IcezMan_IcezLady 582]

I already consult this problem with an immigration lawyer (He's an expert in Immigration law). To be honest, USCIS was RIGHT when they denied your application. When they call them to transfer your case, they would NOT tell you that New York Field Office does NOT have jurisdiction over your application, just because they are not Immigration Officer who will adjudicate your case. They just simply transfer your application per your request. The letter also explain clearly states the reason why they denied your case. USCIS defines "the State or within the district of the Service in the United States" following their Field Office, for example a State may have more than 01 Field Office. A suggestion for your case is just wait until your live in New York City enough 3 months, then fill a new application rather than appeal, just because appealing is more costly and takes longer than filling a new application. I am so sorry! It's bitter, but USCIS did right.

You explained it better. I learned something new.

[immigrationuic 0]

Hi Guys,

On May 13th I've filed a n400 form for naturalization at my local USCIS office in Buffalo where I've been living for past 6 years.Initially entire process was going very smoothly. I've got my fingerprints done and quickly after that I've received an interview notice.

However, around at the same time I have also gotten a new job in New York City and USCIS interview date was essentially - well my first day on a new job. ( yea.. call it a luck.. ) Since time was not a factor, I've figured I could move my case to New York and finish the process over there. After a brief consultation with one of the USCIS officers in Buffalo, I've sent a request - followed by a valid reason to move my case to NYC. Then, once I moved to NYC I also filled out an address change form to make sure they will use my new address.

One week after that I received notice from USCIS that my case was moved to NYC and I should be awaiting for new interview date - great!! Two weeks after that I received a notice with the new interview date at New York Office location.

Fast forward to the interview date. I've arrived on time with all the requested documents. I have waited for about 20 minutes until my name was read - at least that's what I thought because nobody stood up and I've figured it must be me. (yes it's long and hard to pronounce). My officer was a black women who was really impolite. I've figured - well, since it's not her best day at work, I'm going to spare her any conversations and just answer her questions, period.

She asked me about everything in my application. Since I've got a new job and changed my place of living - she updated the application with new information.

At the end she told me I've passed the interview, however the decision cannot be made yet - she did not say why.

Month after the interview - still no feedback about my application.

In the middle of the October, my patience was wearing thin. I've used online status tool and ..... denied - "notice was sent on October 1st."

Which was like 2 weeks back but I still have not received any explanations from USCIS.

Instantly after that, I've set up an infopass appointment with USCIS in NYC and asked them to give me the letter personally.

It came out to be an address error - last two digits were switched. It was weird because they already had my new address in the system and they've already sent me a notice for the interview so.. how they could mess it up ?

Anyway! The reason my application was denied is ...

"During your interview you confirmed that you resided in XXX,Buffalo, New York from October 2009 to the time of filing your application. From the August 11 to the present you reside in XXX, Brooklyn, New York. According to INA 316, you must reside in USCIS Service distrist having jurisdiction over your application for 3 months before you may file Form N400. You have only resided for 33 days at the time of your interview thus you are unfortunately ineligible for naturalization at this time. For more information see INA 316 a 1".

Well.. that would be the end of story however something was still wrong to me. USCIS officer said earlier that the case transfer will definitely won't cause any harm. Additionally, the INA 316 a 1 states :

"immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months"

So if I understand this correctly: it's either a State or a District ? Since I was living in the same state shouldn't that requirement be uphold in this case?

I would appreciate any advices / help.

Should I just let it slide and file new application in new year ?

Thank you so much in advance.

Hello,

Since You have passed your interview,and only your result is denied. You may contact to USCIS Customer Care to check the reason for the cause.

Disclaimer: usimmigration-center.com DOES NOT provide any legal advice and users of this web site may visit USCIS to get more information about their issue.