Has anyone filed under the 4 year 1 day rule without a lawyer?

[imm1234 3]

24 minutes ago, SusieQQQ said:

You’re aware that average processing time for N400 is around 10 months now, plus the usual wait for an oath ceremony? 

 

Yes, I’m aware. And it could get much longer If we decide to file a year later. My district office had interviews scheduled at 5 months from biometrics this very time last year and now it’s double the time.

[SusieQQQ 11,584]

59 minutes ago, imm1234 said:

 

Yes, I’m aware. And it could get much longer If we decide to file a year later. My district office had interviews scheduled at 5 months from biometrics this very time last year and now it’s double the time.

But then you’re also aware that your father still can’t leave for more than 6 months at a time until the actual naturalization? - given what you said about the rationale for wanting it now being to not have to return to maintain continuous residence.

[imm1234 3]

29 minutes ago, SusieQQQ said:

But then you’re also aware that your father still can’t leave for more than 6 months at a time until the actual naturalization? - given what you said about the rationale for wanting it now being to not have to return to maintain continuous residence.

Yes, as a naturalized citizen myself, I realize this. They can still travel (albeit for under 6 months, but they never even go over 4-5 months per year when traveling outside the US as a precaution) while their n400 is being processed. 

[SusieQQQ 11,584]

20 hours ago, imm1234 said:

 

Definately, but unfortunately my grandmother lives abroad and her health is getting progressively worse and my father would like to spend time with her before she passes away, instead of having to run back to the US so his continuous residency isn’t broken. Otherwise they would have waited 4 years and 9 months to file. And of course with the current political situation, they would like to file for their citizenship sooner than later.

 

3 hours ago, imm1234 said:

Yes, as a naturalized citizen myself, I realize this. They can still travel (albeit for under 6 months, but they never even go over 4-5 months per year when traveling outside the US as a precaution) while their n400 is being processed. 

As per previous quoted post above the having to “run back” to the US was the only reason you gave for not waiting. As you acknowlegde here they will still have to “run back”, so is there another reason not to play it safe by waiting? With the length of time it takes to process applications (which you also acknowledge) they could take a year to find out they’ve been rejected, and then have to wait another year after filing a new petition at that stage to eventually naturalize. Seems all that could end up taking significantly longer than the “play it safe” strategy.

Edited January 22, 2019 by SusieQQQ

[imm1234 3]

11 minutes ago, SusieQQQ said:

 

As per previous quoted post above the having to “run back” to the US was the only reason you gave for not waiting. As you acknowlegde here they will still have to “run back”, so is there another reason not to play it safe by waiting? With the length of time it takes to process applications (which you also acknowledge) they could take a year to find out they’ve been rejected, and then have to wait another year after filing a new petition at that stage to eventually naturalize. Seems all that could end up taking significantly longer than the “play it safe” strategy.

It doesn’t make any sense that they would be rejected, if they did get denied we’d probably get a lawyer to appeal that decision, since they had every right to apply earlier than 5 years. The lawyer we consulted with has also successfully dealt with these types of cases before. 

 

I even asked on AVVO.com after I posted here and all 3 immigration attorneys that responded to my post said my parents are eligible to apply next week based on their travel history.

 

What if we apply in a year and the wait times go up to 20+ months instead of the 10 months it’s currently taking. That would be worse in my opinion. Maybe if this uncertainty didn’t exist, the decision would be easier to make.

[SusieQQQ 11,584]

27 minutes ago, imm1234 said:

It doesn’t make any sense that they would be rejected, if they did get denied we’d probably get a lawyer to appeal that decision, since they had every right to apply earlier than 5 years. The lawyer we consulted with has also successfully dealt with these types of cases before. 

 

I even asked on AVVO.com after I posted here and all 3 immigration attorneys that responded to my post said my parents are eligible to apply next week based on their travel history.

 

What if we apply in a year and the wait times go up to 20+ months instead of the 10 months it’s currently taking. That would be worse in my opinion. Maybe if this uncertainty didn’t exist, the decision would be easier to make.

Well...if 3 lawyers on AVVO all said you’re good to go why didn’t you just say so and stop the thread? Clearly you have the answer you want.

 

(Personally I’d take the approach that refiling after a denial would be significantly cheaper and probably even faster than using a lawyer to appeal, but according to you that’s not going  to be a problem anyway.)

 

good luck 

Edited January 22, 2019 by SusieQQQ

[imm1234 3]

1 hour ago, SusieQQQ said:

Well...if 3 lawyers on AVVO all said you’re good to go why didn’t you just say so and stop the thread? Clearly you have the answer you want.

 

(Personally I’d take the approach that refiling after a denial would be significantly cheaper and probably even faster than using a lawyer to appeal, but according to you that’s not going  to be a problem anyway.)

 

good luck 

 

I appreciate your responses, but if you refer to my original post, my question to forum has nothing to do with whether my parents are eligible to file or whether they should file or not. I was second guessing myself after a few posts posted here, so I posted on AVVO to confirm. My questions to this forum according to my original post are:

 

“Has anyone filed and received their citizenship under this rule with no issues? Without retaining an attorney? Is there a way to attach a letter or addendum stating our intent to file under this rule when we file the n400 online?“

 

And these questions still stand, I realize these are unusual circumstances to file under and there aren’t that many people who do, but I’m still hoping someone on this forum who has filed using this rule could relate their experience to myself and maybe others here who could benefit from that info.

 

Thanks.

Edited January 22, 2019 by imm1234