Denial after early filing

[Nenson 2]

I have recently been denied to become a US citizen because of early filing. I was granted asylum in 2016. I remember that the immigration officer mentioned that I should wait one year to apply for Green card, and five years from 2016 to apply for citizenship. Prior to filing on January, I have seen on different forums that refugees and asylees can apply for N400 four years after becoming permanent residents. 

The funny part that they accepted my application and sent me a NOA the same day, then I received a biometric reuse letter in February. Why did they accept my application in the first place if I was not eligible? SMH

On October 25th, I was scheduled to show for an interview on December 2nd.

I arrived to the interview's site, waited for an hour to be called in. An IO called my name and asked to follow her to the office. She went over everything on my application, and gave the civic test and the writing.

At the end she informed me that I applied too early. I did not wait for five years, I became permanent resident on February 20th 2017 which was only four years from the time I applied. she said that i should've waited till the end of 2021 to apply.

She gave me a paper that said that a decision cannot be made yet, and that they will send me a letter in the mail in 7-10 days. I received the letter last week and I knew that I was denied.

I am so pissed because I just lost $725 for no reason.

I live in New York City the office that handles applicants in Brooklyn is mad slow. My question is how long should wait to reapply? and how quickly would USCIS process my case since I am applying a second time and paying another $725 lol. Ridiculous!!!

Under the 5 year rule I became eligible for 90-day early filing on November 22nd.

 

[Boiler 43,692]

Was your GC backdated one year when you obtained it? I believe that is how it works so wondering if that is the issue Got it in 2017 backdated to 2016 then 5 years

[immoo2001 4]

Following are the basic rule:

1 - having 5 years Green Card

2 - having 3 years Green Card if your spouse yes USA citizen

3 - Selective Army Services

[Nenson 2]

15 minutes ago, Boiler said:

Was your GC backdated one year when you obtained it? I believe that is how it works so wondering if that is the issue Got it in 2017 backdated to 2016 then 5 years

Yes, It was backdated one year. 

[Nenson 2]

Just now, Nenson said:

Yes, It was backdated one year. 

 

7 minutes ago, immoo2001 said:

Following are the basic rule:

1 - having 5 years Green Card

2 - having 3 years Green Card if your spouse yes USA citizen

3 - Selective Army Services

I am well aware of those requirements, but I know that for refugees the count start from the time they enter the US. Asylees start the count from one year prior to their green card approval.

[Nenson 2]

7 minutes ago, Nenson said:

Yes, It was backdated one year. 

JimmyHou

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Posted December 5, 2014

  On 12/5/2014 at 12:32 PM, demelat said:

IS IT TRUE!!!!!??????? You can naturalize four years after the USCIS granted you permanent residence. You may submit your application 90 days before that date. The error on your permanent resident card shouldn't be a problem.Because you qualified for permanent residence based on your status as an asylee

 

Yes, as an asylee, you can apply after 4 years because the first year as an asylee counts towards your time as a permanent resident.

The error on the green card should have been corrected (for free) when it was received; it's unfortunate that you didn't do this. As an asylee, the Resident Since date should have been predated by one year.

USCIS should accept your application, but if you get an officer who is unaware of the regulations, you may have a problem or your application may be returned as soon as they accept it. As per the advice below, you need to include a letter explaining the situation.

Here's some advice from a legal question and answer post (note that this is not official information from USCIS)

http://www.nydailynews.com/new-york/bronx/asylum-seekers-naturalize-4-yrs-united-states-article-1.197452

Q: The government granted me asylum. When I eventually became a permanent resident, the date on my green card was wrong. Will that be a problem when I apply to become a U.S. citizen?

I became a permanent resident based on being an asylee. I read that asylees' green cards should be backdated one year, but mine has the date the U.S. Citizenship and Immigration Services approved my permanent residence application. Twice, I applied for a new card, but both times USCIS rejected my claim. Will I lose a year in qualifying for naturalization?

Name Withheld, New York

A: You can naturalize four years after the USCIS granted you permanent residence. You may submit your application 90 days before that date. The error on your permanent resident card shouldn't be a problem.

Because you qualified for permanent residence based on your status as an asylee, the USCIS should have backdated your permanent residence card one year from the date it approved this application to adjust status to permanent resident. For refugees, the USCIS backdates the approval to the refugee's date of entry into the U.S. in refugee status. Sometimes, a permanent resident card for an asylee or refugee has a wrong approval date. Nevertheless, you can apply for naturalization one year earlier than most other applicants. Because the date on the card is wrong, you should include a letter with your naturalization to bring the error to the attention of your naturalization examiner. If you have copies of the notices granting you asylum and permanent residence, include them as well.

[igoyougoduke 1,614]

48 minutes ago, Nenson said:

I have recently been denied to become a US citizen because of early filing. I was granted asylum in 2016. I remember that the immigration officer mentioned that I should wait one year to apply for Green card, and five years from 2016 to apply for citizenship. Prior to filing on January, I have seen on different forums that refugees and asylees can apply for N400 four years after becoming permanent residents. 

The funny part that they accepted my application and sent me a NOA the same day, then I received a biometric reuse letter in February. Why did they accept my application in the first place if I was not eligible? SMH

On October 25th, I was scheduled to show for an interview on December 2nd.

I arrived to the interview's site, waited for an hour to be called in. An IO called my name and asked to follow her to the office. She went over everything on my application, and gave the civic test and the writing.

At the end she informed me that I applied too early. I did not wait for five years, I became permanent resident on February 20th 2017 which was only four years from the time I applied. she said that i should've waited till the end of 2021 to apply.

She gave me a paper that said that a decision cannot be made yet, and that they will send me a letter in the mail in 7-10 days. I received the letter last week and I knew that I was denied.

I am so pissed because I just lost $725 for no reason.

I live in New York City the office that handles applicants in Brooklyn is mad slow. My question is how long should wait to reapply? and how quickly would USCIS process my case since I am applying a second time and paying another $725 lol. Ridiculous!!!

Under the 5 year rule I became eligible for 90-day early filing on November 22nd.

 

file i-90 to get it corrected first. this should have been correct a long time ago. you waited 4 years ??

[SalishSea 16,853]

1 hour ago, igoyougoduke said:

file i-90 to get it corrected first. this should have been correct a long time ago. you waited 4 years ??

I agree, but I'm not sure if the I-90 is the correct route, since it is not a correction of a printed card?

 

OP, you may need a lawyer's help for this, but I believe that since it is clear USCIS error, you can file a motion to reopen/reconsider the decision.  You should print out the portion of the law that pertains to early filing for asylees as documentation to back up your appeal.

 

I wonder if @sandranj or @jan22 have any background with these types of cases.

[Daisy.Chain 317]

I can't comment on the backdating or how to fix it, but I'm sorry foenit and hope you can get it fixed

 

If it were me I would refile asap and lay the $725 AGAIN ugh rather than deal with USCIS. It seems to have a more guaranteed outcome to me.

[igoyougoduke 1,614]

2 hours ago, Jorgedig said:

I agree, but I'm not sure if the I-90 is the correct route, since it is not a correction of a printed card?

 

OP, you may need a lawyer's help for this, but I believe that since it is clear USCIS error, you can file a motion to reopen/reconsider the decision.  You should print out the portion of the law that pertains to early filing for asylees as documentation to back up your appeal.

 

I wonder if @sandranj or @jan22 have any background with these types of cases.

very surprised that people in USCIS office dont know the asylum back dating rule. I really want to know how these people get jobs there without being educating on immigration law.

 

In other case i think this can be filed a lawsuit in court for wrongfull denial. 

Edited December 17, 2021 by igoyougoduke

[Timona 3,969]

I would  just wait till February when you're 5 years and file. February is 2 months away. 

 

Take the easy way out. Hiring a lawyer will cost you more that refiling at $725

[African Zealot 1,453]

Wait until the five years and file again. Yes it’s USCIS error however do you want to go through the hoops and lap dance that it involves getting them to fix their error?
 

Of course if you desperately need naturalization ASAP, you may go through the route of challenging them.  Personally I wouldn’t bother because it’s usually a lengthy process.

 

All the best!

Edited December 17, 2021 by African Zealot

[Timona 3,969]

15 hours ago, Timona said:

I would  just wait till February when you're 5 years and file. February is 2 months away. 

 

Take the easy way out. Hiring a lawyer will cost you more that refiling at $725

 

As wait a week or so after your window opens in February. Don't be those who rush to file at midnight. USCIS doesn't factor timezones. 

[arken 4,197]

Just file a new N400 online today. Hopefully it will get processed soon.

[Nenson 2]

I finally reapplied for naturalization online. I received NOA and biometrics as soon as I submitted my application. Now it says ''Case is being actively reviewed'', hopefully I get an interview scheduled soon. Anyone from the New York area who has or had a similar experience.