N-400 and I-751 combo pending

[aidenme 1]

16 minutes ago, rrrrrr said:

wow congratulations

 

Jesus Christ 

[Zombie69 363]

3 hours ago, rrrrrr said:

thanks man for suggestion .. i m really confused what to do now probably i will apply and wait

Welcome. That is probably the more sensible option at this point.

2 hours ago, Charly2 said:

 

One question...in my lettey they asked to bring "Any evidence of Selective Service Registration". Do you know what is that? Did they ask you about it? I looked online but still don't get what kind of documents might be related to this or what should I bring.

Were you involved in selective service? I think it might have something to do with the military, but I am not sure. They didn't ask, but I checked no on the application form. Here is what I found out directly from USCIS' website:

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May 15, 2018 – POLICY ALERT – Adjustment of Status Interview Guidelines and Waiver Criteria

 

 

 

 

 

 Volume 1 – 
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Adjustment of Status Volume 8 – 
Admissibility Volume 9 – 
Waivers Volume 10 – 
Consent to Reapply Volume 11 – 
Travel, Employment, & Identity Documents Volume 12 – 
Citizenship & Naturalization

Volume 12 – Citizenship & Naturalization, Part D – General Naturalization Requirements

Chapter 7 – Attachment to the Constitution

• ← Chapter 6
• Chapter 8 →

• Guidance
• Resources 11
• Appendices 0
• Updates 3

 

A. Attachment to the Constitution

 

An applicant for naturalization must show that he or she has been and continues to be a person attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States during the statutorily prescribed period. ^[1] “Attachment” is a stronger term than “well disposed” and implies a depth of conviction, which would lead to active support of the Constitution. ^[2] 

 

Attachment includes both an understanding and a mental attitude including willingness to be attached to the principles of the Constitution. An applicant who is hostile to the basic form of government of the United States, or who does not believe in the principles of the Constitution, is not eligible for naturalization. ^[3] 

 

To be admitted to citizenship, naturalization applicants must take the Oath of Allegiance in a public ceremony. At that time, an applicant declares his or her attachment to the United States and its Constitution. ^[4] To be admitted to citizenship:

 

•The applicant must understand that he or she is taking the Oath freely without any mental reservation or purpose of evasion;

•The applicant must understand that he or she is sincerely and absolutely renouncing all foreign allegiance;

•The applicant must understand that he or she is giving true faith and allegiance to the United States, its Constitution and laws; and

•The applicant must understand that he or she is discharging all duties and obligations of citizenship including military and civil service when required by the law.

 

The applicant’s true faith and allegiance to the United States includes supporting and defending the principles of the Constitution by demonstrating an acceptance of the democratic, representational process established by the U.S. Constitution, and the willingness to obey the laws which result from that process. ^[5] 

 

B. Selective Service Registration

 

1. Males Required to Register

 

In general, males must register with Selective Service within 30 days of their 18th birthday but not after reaching 26 years of age. The U.S. government suspended the registration in April of 1975 and resumed it in 1980. An applicant who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the good order and happiness of the United States, attachment to the principles of the Constitution, good moral character, and willingness to bear arms on behalf of the United States. ^[6] 

 

Applicants may register for Selective Service at their local post office, return a Selective Service registration card received by mail, or online at the Selective Service System website. ^[7] Confirmation of registration may be obtained by calling (847) 688-6888 or online at www.sss.gov. The officer may also accept other persuasive evidence presented by an applicant as proof of registration. 

 

USCIS assists with the registration process by transmitting the appropriate data to the Selective Service System (SSS) for male applicants between the ages of 18 and 26 who apply for adjustment of status. After registering the eligible male, Selective Service will send an acknowledgement to the applicant that can be used as his official proof of Selective Service registration.

 

2. Failure to Register for Selective Service

 

USCIS will deny a naturalization application when the applicant refuses to register with Selective Service or has knowingly and willfully failed to register during the statutory period. ^[8] The officer may request for the applicant to submit a status information letter and registration acknowledgement card before concluding that he failed to register.

 

The status information letter will indicate whether a requirement to register existed. The applicant must show by a preponderance of the evidence that his failure to register was not a knowing or willful act. ^[9] Failure on the part of USCIS or SSS to complete the process on behalf of the applicant, however, will not constitute a willful failure to register on the part of the applicant.

 

The denial notice in cases where willful failure to register is established may also show that in addition to failing to register, the applicant is not well disposed to the good order and happiness of the United States. This determination depends on the applicant’s age at the time of filing the application and up until the time of the oath: 

 

Applicants Under 26 Years of Age

 

The applicant is generally ineligible. 

 

Applicants Between 26 and 31 Years of Age

 

The applicant may be ineligible for naturalization. USCIS will allow the applicant an opportunity to show that he did not knowingly or willfully fail to register, or that he was not required to do so.

 

Applicants Over 31 Years of Age

 

The applicant is eligible. This is the case even if the applicant knowingly and willfully failed to register because the applicant’s failure to register would be outside of the statutory period.

 

3. Males Not Required to Register

 

The following classes of males are not required to register for Selective Service:

 

•Males over the age of 26;

•Males who did not live in the United States between the ages of 18 and 26 years;

•Males who lived in the United States between the ages of 18 and 26 years but who maintained lawful nonimmigrant status for the entire period; and
Males born after March 29, 1957 and before December 31, 1959. ^[10] 

 

C. Draft Evaders

 

In general, the law prohibits draft evaders and deserters from the U.S. armed forces during wartime from naturalizing for lack of attachment to the Constitution and favorable disposition to the good order of the United States. ^[11] 

 

A conviction by a court martial or a court of competent jurisdiction for a military desertion or a departure from the United States to avoid a military draft will preclude naturalization. ^[12] USCIS may obtain such information from the applicant’s testimony during the naturalization examination (interview), security checks, and from the Request for Certification of Military or Naval Service (Form N-426). ^[13] 

 

An applicant who admits to desertion during wartime, but who has not been convicted of desertion by court martial or court of competent jurisdiction may still be eligible for naturalization. ^[14] An applicant’s military record may list him or her as a deserter but without a final conviction.

 

D. Membership in Certain Organizations

 

The officer will review an applicant’s record and testimony during the interview on the naturalization application to determine whether he or she was ever a member of or in any way associated (either directly or indirectly) with:

 

•The Communist Party;

•Any other totalitarian party; or

•A terrorist organization.

 

Current and previous membership in these organizations may indicate a lack of attachment to the Constitution and an indication that the applicant is not well disposed to the good order and happiness of the United States. ^[15] Membership in these organizations may also raise issues of lawful admission, good moral character,^[16] or may even render the applicant removable. ^[17] 

 

The burden rests on the applicant to prove that he or she has an attachment to the Constitution and that he or she is well disposed to the good order and happiness of the United States, among the other naturalization requirements. An applicant who refuses to testify or provide documentation relating to membership in such organizations has not met the burden of proof. USCIS may still deny the naturalization application under such grounds in cases where such an applicant was not removed at the end of removal proceedings. ^[18] 

 

1. Communist Party Affiliation

 

An applicant cannot naturalize if any of the following are true within 10 years immediately preceding his or her filing for naturalization and up until the time of the Oath of Allegiance:

 

•The applicant is or has been a member of or affiliated with the Communist Party or any other totalitarian party; 

•The applicant is or has advocated communism or the establishment in the United States of a totalitarian dictatorship; 

•The applicant is or has been a member of or affiliated with an organization that advocates communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterance or through any written or printed matter published by such organization; 

•The applicant is or has been a subversive, or a member of, or affiliated with, a subversive organization; 

•The applicant is knowingly publishing or has published any subversive written or printed matter, or written or printed matter advocating communism;

•The applicant is knowingly circulating or has circulated, or knowingly possesses or has possessed for the purpose of circulating, subversive written or printed matter, or written or printed matter advocating communism; or 

•The applicant is or has been a member of, or affiliated with, any organization that publishes or circulates, or that possesses for the purpose of publishing or circulating, any subversive written or printed matter, or any written or printed matter advocating communism.

 

2. Exemptions to Communist Party Affiliation

 

The burden is on the applicant to establish eligibility for an exemption. An applicant may be eligible for naturalization if he or she establishes that: 

 

•The applicant’s membership or affiliation was involuntary;

•The applicant’s membership or affiliation was without awareness of the nature or the aims of the organization, and was discontinued when the applicant became aware of the nature or aims of the organization;

•The applicant’s membership or affiliation was terminated prior to his or her attaining the age of 16;

•The applicant’s membership or affiliation was terminated more than 10 years prior to the filing for naturalization;

•The applicant’s membership or affiliation was by operation of law; or

•The applicant’s membership or affiliation was necessary for purposes of obtaining employment, food rations, or other essentials of living. ^[19] 

 

Even if participating without awareness of the nature or the aims of the organization, the applicant’s participation must have been minimal in nature. The applicant must also demonstrate that membership in the covered organization was necessary to obtain the essentials of living like food, shelter, clothing, employment, and an education, which were routinely available to the rest of the population. 

 

For purposes of this exemption, higher education qualifies as an essential of living only if the applicant can establish the existence of special circumstances which convert the need for higher education into a need as basic as the need for food or employment, and that he or she participated only to the minimal extent necessary to receive the essentials of living. 

 

However, unless the applicant can show special circumstances that establish a need for higher education as basic as the need for food or employment, membership to obtain a college education is not excusable for obtaining an essential of living. ^[20] 

 

3. Nazi Party Affiliation

 

Applicants who were affiliated with the Nazi government of Germany or any government occupied by or allied with the Nazi government of Germany, either directly or indirectly, are ineligible for admission into the United States and permanently barred from naturalization. ^[21] The applicant is responsible for providing any evidence or documentation to support a claim that he or she is not ineligible for naturalization based on involvement in the Nazi Party.

 

4. Persecution and Genocide

 

An applicant who has engaged in persecution or genocide is permanently barred from naturalization because he or she is precluded from establishing good moral character. ^[22] Additionally, an applicant who engaged in persecution or genocide prior to admission as a lawful permanent resident (LPR) would have been inadmissible. Such an applicant would not have lawfully acquired LPR status in accordance with all applicable provisions and would be ineligible for naturalization.^[23] Such persons may also be deportable.^[24] 

 

5. Membership or Affiliation with Terrorist Organizations

 

Information concerning an applicant’s membership in a terrorist organization implicates national security issues. Such information is important in determining the applicant’s eligibility in terms of the good moral character and attachment requirements.

 

Footnotes

---

1. [^]

See INA 316(a). See 8 CFR 316.11.

 

2. [^]

See In re Shanin, 278 F. 739 (D.C. Mass. 1922).

 

3. [^]

See Allan v. United States, 115 F.2d 804 (9th Cir. 1940).

 

4. [^]

See INA 337. See 8 CFR 337.1. See Part J, Oath of Allegiance [12 USCIS-PM J].

 

5. [^]

The oath requirements may be modified for religious objections or waived for applicants with an inability to comprehend the oath. Prior to November 6, 2000, certain disabled applicants were precluded from naturalization because they could not personally express intent or voluntary assent to the oath requirement. However, subsequent legislation authorized USCIS to waive the oath requirements for anyone who has a medical condition constituting physical or developmental disability or mental impairment that makes him or her unable to understand or communicate an understanding of the meaning of the oath. An applicant for whom USCIS granted an oath waiver is considered to have met the requirement of attachment to the principles of the Constitution of the United States. See Pub. L. 106-448(November 6, 2000). See Part J, Oath of Allegiance, Chapter 3, Oath of Allegiance Modifications and Waivers [12 USCIS-PM J.3].

 

6. [^]

See INA 316(a) and INA 337(a)(5)(A). See the Selective Training and Service Act of 1940, Pub. L. 76-783 (September 16, 1940).

 

7. [^]

See www.sss.gov.

 

8. [^]

Failure to register is not a permanent bar to naturalization.

 

9. [^]

See 50 U.S.C. 3811.

 

10. [^]

See Section 1-101 of Proclamation 4771 of July 2, 1980, 94 Stat. 3775. See50 U.S.C. 3806. See Section 3(a) of the Selective Training and Service Act of 1940, Pub. L. 76-783, 54 Stat. 885, 885 (September 16, 1940). See 50 U.S.C. 3802(a).

 

11. [^]

See INA 316(a)(3). 

 

12. [^]

See INA 314.

 

13. [^]

See Part I, Military Members and their Families [12 USCIS-PM I].

 

14. [^]

See State v. Symonds, 57 Me. 148 (1869). See Holt v. Holt, 59 Me. 464 (1871). See McCafferty v. Guyer, 59 Pa. 109 (1868).

 

15. [^]

See INA 313 and INA 316. See 8 CFR 316.

 

16. [^]

See Part F, Good Moral Character [12USCIS-PM F].

 

17. [^]

See INA 237(a)(4).

 

18. [^]

See INA 313. See the Legal Decisions and Opinions of the Office of Immigration Litigation Case Summaries - No. 93-380, Price v. U.S. Immigration and Naturalization Service, seeking review of Price v. U.S. Immigration andNaturalization Service, 962 F.2d 836 (9th Cir. 1992).

 

19. [^]

See INA 313(d).

 

20. [^]

See Langhammer v. Hamilton, 194 F. Supp. 854, 857 (1961).

 

21. [^]

See INA 212(a)(3)(E).

 

22. [^]

See INA 101(a)(42), INA 101(f), and INA 208(b)(2)(A)(i). See Part F, Good Moral Character, Chapter 4, Permanent Bars to GMC, Section C, Persecution, Genocide, Torture, or Severe Violations of Religious Freedom [12 USCIS-PM F.4(C)].

 

23. [^]

See INA 318. See Chapter 2, LPR Admission for Naturalization [12 USCIS-PM D.2].

 

24. [^]

See INA 212(a)(3)(E).

 

Current as of May 23, 2018

---

• ← Chapter 6
• Chapter 8 →

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Edited July 24, 2018 by Zombie69

[Zombie69 363]

4 hours ago, Charly2 said:

 

Apply for N 400. You're not going to hear from your I-751 in a long time (hope I am wrong). I have been waiting for almost 19 months now, and I just got notice for my naturalization interview (after 8 months), and nothing yet about I751. Hopefully, like Zombie69 just mentioned, they might decide in both processes at the same time (not a given tough). You really want to apply for N400 if you are eligible, the might change the policy  in the near future (they're already changing things) and for instance not let people apply to citizenship until they are approved for their 10 year green card. You don't want that.

That is a wise move! Trump administration has been incrementally slowing down or stopping legal immigration, so the best thing to do in this kind of situation is really get right on it and apply for 400 when you are eligible since we don't know whether Trump will be tossed out or voted out or he will win the re election in 2020. Politics do matter, one can't really ignore the impact the Trump presidency is going to have on his or or immigration journey. The dangerous part is this administration is loud and clear in terms of their position in immigration. Don't think for a second whatever this president is doing won't affect us. We are already experiencing the impact of his presidency. And the CSC long wait confirms it, and the disturbingly crazy processing time for 751/400 at field office also confirms it. In these crazy immigration times under this White House, it is best to stay informed so applicants can protect themselves as Trump is constantly finding ways to undermine the norms of the already broken immigration system. I am so glad and grateful I am done, but i will do my best to keep you guys informed as this White House is doing anything they can do undermine and up our immigration system.

[Asilarmani 8]

6 hours ago, aidenme said:

It’s look like you and I submitted the same time and yes I haven’t heard nothing but I have a feelings January 2017 California filers would start hearing from uscis soon.  

But the transferred our cases to MO NBC , where did you bring this feeling from ? I think it depends on the local office where you field for N400 

[SabineGriffin 12]

Yes, Selective Service Registration refers to the US military.

 

I agree with Zombie69 that if people are eligible, they should have a combo I-751 and N-400 application. 

[visaqueries 111]

23 hours ago, Bill & Katya said:

We never received a notice of a pending I751 interview, but I went with my wife for her N400 interview and sure enough, the IO asked me to come back for a joint I751 interview.  That interview was very simple, the IO went through the bio information on the I751 and asked us to verify it, then she asked if we had any additional evidence, so I gave her the past two year's tax returns.  Easy peasy.  Then I was escorted out and my wife went through her N400 interview which took about 15 minutes.  The upshot is don't fret too much about the I751 interview.  Just make sure you are ready to not receive a final answer on the I751 at the interview.  Even though our IO was positive at our interview, the file was subsequently sent to NBC and we received the approval NOA for the I751 about a month later.

 

Good Luck!

We are almost done! The interview went well. When we went in the officer just asked us how it was going. Then we started to tell her. I was able to show how my husband helps me out (he works for an airline) and his perk helped me fly to my friend’s wedding last weekend. The only question she really asked was what we did together. We talked about how our schedules are very different (he works overnight) but we often watch movies at home or go shopping at Sam’s Club weekly.

 

One of the nice things she did was ask him the civics and English questions first. She said that when she does that it usually helps put the interviewee at ease. She was right.

 

After she finished the interview (both of us stayed in it), my husband got a paper saying he passed and he was recommended for approval for his green card. She previously had said the oath ceremonies were a few months out. I mentioned that I’d seen there was one just down the street from out house, and if it was possible, we’d love that because then my mom would be able to go. My mom can’t go far from home. The officer noted that on a paper and said if there is a spot available it might be possible. At any rate, the status changed three times in one day. Currently, his status says the Oath Ceremony has been scheduled.  We will see soon enough when it is.  Soon...

[Dashinka 23,368]

1 hour ago, visaqueries said:

We are almost done! The interview went well. When we went in the officer just asked us how it was going. Then we started to tell her. I was able to show how my husband helps me out (he works for an airline) and his perk helped me fly to my friend’s wedding last weekend. The only question she really asked was what we did together. We talked about how our schedules are very different (he works overnight) but we often watch movies at home or go shopping at Sam’s Club weekly.

 

One of the nice things she did was ask him the civics and English questions first. She said that when she does that it usually helps put the interviewee at ease. She was right.

 

After she finished the interview (both of us stayed in it), my husband got a paper saying he passed and he was recommended for approval for his green card. She previously had said the oath ceremonies were a few months out. I mentioned that I’d seen there was one just down the street from out house, and if it was possible, we’d love that because then my mom would be able to go. My mom can’t go far from home. The officer noted that on a paper and said if there is a spot available it might be possible. At any rate, the status changed three times in one day. Currently, his status says the Oath Ceremony has been scheduled.  We will see soon enough when it is.  Soon...

Congrats!  I am surprised they let you stay for your husband's N400 interview.  I am not sure what will happen now relative to the I751.  As I said, in our case the package was sent to NBC which is where packages go for final processing (I think) and we received the I751 NOA a month later. 

 

 

[GoodWinner 3]

4 hours ago, Bill & Katya said:

Congrats!  I am surprised they let you stay for your husband's N400 interview.  I am not sure what will happen now relative to the I751.  As I said, in our case the package was sent to NBC which is where packages go for final processing (I think) and we received the I751 NOA a month later. 

 

 

When I went in for info pass session asking about my i751 case got transfer to NBC after my n400/751 interview. The officer said the notification was just delayed. So when you have N400 file while 751 is pending, they will transfer the i751 file to NBC, then it will be transfer to your local office with your n400 application. After they are both at the local office, they can only be adjudicated locally.

[GoodWinner 3]

6 hours ago, visaqueries said:

We are almost done! The interview went well. When we went in the officer just asked us how it was going. Then we started to tell her. I was able to show how my husband helps me out (he works for an airline) and his perk helped me fly to my friend’s wedding last weekend. The only question she really asked was what we did together. We talked about how our schedules are very different (he works overnight) but we often watch movies at home or go shopping at Sam’s Club weekly.

 

One of the nice things she did was ask him the civics and English questions first. She said that when she does that it usually helps put the interviewee at ease. She was right.

 

After she finished the interview (both of us stayed in it), my husband got a paper saying he passed and he was recommended for approval for his green card. She previously had said the oath ceremonies were a few months out. I mentioned that I’d seen there was one just down the street from out house, and if it was possible, we’d love that because then my mom would be able to go. My mom can’t go far from home. The officer noted that on a paper and said if there is a spot available it might be possible. At any rate, the status changed three times in one day. Currently, his status says the Oath Ceremony has been scheduled.  We will see soon enough when it is.  Soon...

Congratulations!!!

[SabineGriffin 12]

Congratulations visaqueries! Am so happy for you!

[Dashinka 23,368]

7 minutes ago, veronchu said:

When I went in for info pass session asking about my i751 case got transfer to NBC after my n400/751 interview. The officer said the notification was just delayed. So when you have N400 file while 751 is pending, they will transfer the i751 file to NBC, then it will be transfer to your local office with your n400 application. After they are both at the local office, they can only be adjudicated locally.

That may have been the case for us.  The local IO certainly had our I751 submission in front of her when we went to the office, but I had also heard that NBC acts sort of like a clearing house for getting notices out as well.  In the end, it doesn't really matter, what is interesting is that my wife keeps getting online alerts about her case (N400) even though we are 6 weeks removed from her oath.

[Zombie69 363]

4 hours ago, veronchu said:

When I went in for info pass session asking about my i751 case got transfer to NBC after my n400/751 interview. The officer said the notification was just delayed. So when you have N400 file while 751 is pending, they will transfer the i751 file to NBC, then it will be transfer to your local office with your n400 application. After they are both at the local office, they can only be adjudicated locally.

That is not exactly the case. I also had 751/400 pending at the same time. My 751 was approved and I got the approval letter, but 7 days after that. my 751 approval was reversed to pending and it was send to NBC. The fact is I knew my two applications had always been at the field office and never left that facility because I saw them with my own eyes during the interview. Many folks with 751 and 400 pending also got identical updates. I was naturalized on 5/23, and my 751 now is still at NBC. I have been saying this, the update of 751 being transferred to NBC that many combo applicants got or getting now are a ploy to falsely think their cases were moving. The attempt is to mislead us so we won't overwhelm them with legal actions or service requests. I also got a letter of that what I call "fake update" as well. Unless it is 751 approval, any updates like that are not reliable. 

Edited July 25, 2018 by Zombie69

[GoodWinner 3]

29 minutes ago, Zombie69 said:

That is not exactly the case. I also had 751/400 pending at the same time. My 751 was approved and I got the approval letter, but 7 days after that. my 751 approval was reversed to pending and it was send to NBC. The fact is I knew my two applications had always been at the field office and never left that facility because I saw them with my own eyes during the interview. Many folks with 751 and 400 pending also got identical updates. I was naturalized on 5/23, and my 751 now is still at NBC. I have been saying this, the update of 751 being transferred to NBC that many combo applicants got or getting now are a ploy to falsely think their cases were moving. The attempt is to mislead us so we won't overwhelm them with legal actions or service requests. I also got a letter of that what I call "fake update" as well. Unless it is 751 approval, any updates like that are not reliable. 

Ya, That’s what I meant. Your i751 is not going to NBC to adjudicate while n400 is pending. They will be adjudicated together locally in your field office.

[Zombie69 363]

5 minutes ago, veronchu said:

Ya, That’s what I meant. Your i751 is not going to NBC to adjudicate while n400 is pending. They will be adjudicated together locally in your field office.

Yes, I was just saying 751 applications with 400 pending never get sent to NBC like the updates suggest. 

[JuLu 6]

Hi guys! I'm thinking to file N-400. I know its stated that I need 3 years of permanent residency to be eligible to do so. My GC date is 11/6/2015-11/7/2017. Does that mean I must file after 11/6/2018, or can I do it 3 months prior to 11/6/2018?

Edited July 25, 2018 by JuLu