Reconsideration of denied N-400 (that was approved before) - case beyond processing time

[Alexmat1 9]

I came to US on marriage based green card, went through a divorce,filed I-751 first time that was denied because my divorce was still in the court. Filed it second time after divorce and also applied for N-400 alongwith. Both were approved in same interview. I was later called for Oath, which I couldnt attend few times because I was travelling and out of state and once I was hospitalized during which the Oath was called for. Because of this, USCIS opened a motion with an intent to deny my approved N-400. I filed N-336 asking for a hearing. I should have heard back from USCIS on N-336 in 180 days but they closed my N-336 with no hearing or decision made and instead re opened N-400.Since I didnt hear back on N-336 I assumed I have to refile N-400 so didnt expect anything from USCIS. I was travelling in and out of US in 2024 for a few months and during this time  USCIS send another invite for Oath ceremony,then send another letter cancelling it and set me for a later ceremony. Since I didnt anticipate my N-400 being reopened (in my mind N-336 being closed and N-400 being denied meant my only option is to reapply N-400 when I was back in US), I missed that Oath. That was in Oct 2024. Since then I have been waiting for the Oath and USCIS told me I will be rescheduled for Oath as my N-400 is again active. Its been 9 months and no updates from USCIS. I went to USCIS Infopass appointment and they asked me to wait. I checked with USCIS on phone and they said my case is forwarded to Oath queue and I will hear soon. On USCIS online account, it says my case is now outside normal processing times, so I raised an enquiry using self service tools. I have to travel internationally and I delayed it all these months waiting for an Oath ceremony as I dont want to miss the next one, so I want to do the Oath before I travel. 

Progress tab on USCIS shows case decision is complete and the next step is Attend Oath (if approved). If the case decision is completed, what approval is required for the Oath ? Or should I file another N-400 so USCIS will act on my case. What are my options ? 

[Dashinka 25,788]

Honestly, I would wait, and pay close attention for the notice of the upcoming oath, and make sure I could attend said oath (I.e. reschedule anything that might impact attending the oath).

 

Good Luck!

[Crazy Cat 44,287]

5 hours ago, Alexmat1 said:

Or should I file another N-400 so USCIS will act on my case.

No.  I would not muddy the waters further with another N-400.  You seem to have already missed the oath multiple times after multiple N-400s already.  I would just wait it out. 

Edited June 19 by Crazy Cat

[mniceguy16 213]

3 hours ago, Alexmat1 said:

I came to US on marriage based green card, went through a divorce,filed I-751 first time that was denied because my divorce was still in the court. Filed it second time after divorce and also applied for N-400 alongwith. Both were approved in same interview. I was later called for Oath, which I couldnt attend few times because I was travelling and out of state and once I was hospitalized during which the Oath was called for. Because of this, USCIS opened a motion with an intent to deny my approved N-400. I filed N-336 asking for a hearing. I should have heard back from USCIS on N-336 in 180 days but they closed my N-336 with no hearing or decision made and instead re opened N-400.Since I didnt hear back on N-336 I assumed I have to refile N-400 so didnt expect anything from USCIS. I was travelling in and out of US in 2024 for a few months and during this time  USCIS send another invite for Oath ceremony,then send another letter cancelling it and set me for a later ceremony. Since I didnt anticipate my N-400 being reopened (in my mind N-336 being closed and N-400 being denied meant my only option is to reapply N-400 when I was back in US), I missed that Oath. That was in Oct 2024. Since then I have been waiting for the Oath and USCIS told me I will be rescheduled for Oath as my N-400 is again active. Its been 9 months and no updates from USCIS. I went to USCIS Infopass appointment and they asked me to wait. I checked with USCIS on phone and they said my case is forwarded to Oath queue and I will hear soon. On USCIS online account, it says my case is now outside normal processing times, so I raised an enquiry using self service tools. I have to travel internationally and I delayed it all these months waiting for an Oath ceremony as I dont want to miss the next one, so I want to do the Oath before I travel. 

Progress tab on USCIS shows case decision is complete and the next step is Attend Oath (if approved). If the case decision is completed, what approval is required for the Oath ? Or should I file another N-400 so USCIS will act on my case. What are my options ? 

Since they say you are in queue, it means you will be getting a mail soon with the next date. Many people are trying to naturalize so they are overwhelmed at the moment. No traveling should prevent you from getting your citizenship this time around because if you have to do it all over again, the interviewer will not be easy on you as they will look at you as one of those who give them a hard time getting their job done and moving onto the next person.

[JeanneAdil 7,048]

you have posted several times about traveling outside the US and possible problems at POE

 

Have you sent form N-445 with explanation for the 2 times you missed ceremony?

 

Do you understand that until the oath is taken , u r still a LPR and the rules still apply for time spent outside the US?

 

https://www.uscis.gov/citizenship/learn-about-citizenship/commonly-asked-questions-about-the-naturalization-process

 

under traveling outside the USA

 

In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. To qualify for naturalization, an applicant must spend at least half of their time in the United States. This is known as the “physical presence” requirement. If you take frequent, short trips abroad that result in you spending more than half your time outside the United States, then you will also be ineligible for naturalization.

 

In short ,  u r putting your self at risk and making international travel more important than becoming a USC , so what's more important?

I

[OldUser 9,655]

This is the third time you're asking this?

My answer is the same:

 

 

 

 

1) I think USCIS just doesn't take you seriously at this point with this many missed ceremonies

2) I don't believe this is DIY anymore.

a) I'd hire a lawyer to potentially withdraw N-336 and file a new fresh N-400.

b) I'd be writing a cover letter for that N-400 literally saying you're intending to naturalize this time around

c) I'd stay put in the US, don't move addresses, don't travel internationally until I become a citizen

d) If you have anything else other than medical emergency conflicting with interview / oath, move or reschedule that, not interview or oath. You really have to prioritize immigration.

 

 

[ODATT 128]

Most likely will sound harsh, but you need to pay attention to all the notices from USCIS and not just assume. There are few things you don't screw around with it and one of them is USCIS (I could think of IRS as the second one right away). You might have your reasons to travel internationally, but you still need to pay attention and keep your eyes glued to any notices and notifications from USCIS. 

[Lemonslice 5,223]

3 hours ago, ODATT said:

Most likely will sound harsh, but you need to pay attention to all the notices from USCIS and not just assume. There are few things you don't screw around with it and one of them is USCIS (I could think of IRS as the second one right away). You might have your reasons to travel internationally, but you still need to pay attention and keep your eyes glued to any notices and notifications from USCIS. 

Also, it's not compulsory to become a citizen.  If one chooses that path, then I feel they should make the efforts to show it's important to them.  Otherwise, there's nothing wrong with keeping their LPR (and keeping those documents current), or delaying the citizenship process until they have time to care.

[ODATT 128]

39 minutes ago, Lemonslice said:

Also, it's not compulsory to become a citizen.  If one chooses that path, then I feel they should make the efforts to show it's important to them.  Otherwise, there's nothing wrong with keeping their LPR (and keeping those documents current), or delaying the citizenship process until they have time to care.

For sure! I agree with you. Citizenship isn’t a requirement so if you need to step Cabo from the process do that instead. You know your conditions much better than anyone of us. If you think becoming citizen is the way to go, just pay attention to every single thing. Ask for help if you can’t so someone can keep an eye for you. 

[Alexmat1 9]

6 hours ago, Lemonslice said:

Also, it's not compulsory to become a citizen.  If one chooses that path, then I feel they should make the efforts to show it's important to them.  Otherwise, there's nothing wrong with keeping their LPR (and keeping those documents current), or delaying the citizenship process until they have time to care.

Given the history, if I travel, would that be a reason to be detained although my records are clear. I am not sure if CBP can raise an issue regarding the postponed Oath ceremonies and tie that to my lack of intent to naturalize and somehow tie that to lack of intent to remain in US (and thus targetting Greencard). I am told my attorneys that only a judge can decide on that but still anxious seeing all that is happening around.

[ODATT 128]

3 hours ago, Alexmat1 said:

Given the history, if I travel, would that be a reason to be detained although my records are clear. I am not sure if CBP can raise an issue regarding the postponed Oath ceremonies and tie that to my lack of intent to naturalize and somehow tie that to lack of intent to remain in US (and thus targetting Greencard). I am told my attorneys that only a judge can decide on that but still anxious seeing all that is happening around.

At some point you might get pulled in secondary (or multiple times) and there is nothing anyone can tell you for sure. Yes, only a judge can make a decision on these and that just means at some point you will be asked to show up in front of a judge and that’s also the time you would need to spend to make sure you appear in the court. 
 

 

if your international trips are not a necessity and you feel like citizenship is the way to go you need to take on the right steps and finish it off including being patient for the oath ceremony and making sure you attend it this time. CBP cannot make you give up green card status ( although they try and some people do fall for that and sign the 407 form). It’s a decision you have to make about what’s important for you and your future. 

[EatBulaga 481]

3 hours ago, Alexmat1 said:

I am told my attorneys that only a judge can decide on that but still anxious seeing all that is happening around.

 

If your case does go to the judge, what guarantee do you have to show up for the court date given your international travel history? 

 

Is delaying your international travel for an oath ceremony better or worse than delaying for a court date?

[Lemonslice 5,223]

10 hours ago, Alexmat1 said:

Given the history, if I travel, would that be a reason to be detained although my records are clear. I am not sure if CBP can raise an issue regarding the postponed Oath ceremonies and tie that to my lack of intent to naturalize and somehow tie that to lack of intent to remain in US (and thus targetting Greencard). I am told my attorneys that only a judge can decide on that but still anxious seeing all that is happening around.

I have no way of answering that.  Listen to your attorney.