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afrocraft

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Posts posted by afrocraft

  1. Look, we've seen this movie before. America prides itself as a nation of immigrants, but when the demographics of the immigrant change, sentiment towards immigration changes too. The waves of immigration of southern Europeans/Irish and of Asians in the last century and some saw similar backlash from the majority, and restrictive policies followed. Now it's mainly brown people from the South. This too, shall pass.

  2. 2 minutes ago, Unlockable said:

    One thing I want to say about the The New Colossus poem on the Statue of Liberty. It was written in a time when America had instituted slavery. Which was then followed by segregation and civil rights wars (including women's rights).

     

    To me, that is the ultimate sign of hypocrisy. So it is absolutely no surprise that the Sonnet Poem holds no water.

    The point of the American experiment isn't that we're perfect: It's that we're constantly moving towards a more perfect Union. That the arc bends towards justice. That long-run trend will continue, despite short-term hiccups like the last 3 years. The sonnet holds.

  3. On 10/3/2019 at 11:04 AM, healthteacher said:

     Just a couple general questions-

    If someone does not pass on the first citizenship interview, but is eligible for a second interview, how/when are they notified of the second appointment date/time?

    Also, if someone fails the exam after a second interview, how soon could one re-apply for naturalization?

    To your first question, here's how a "re-examination" is supposed to work, per https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-3

     

    D. Subsequent Re-examination

    USCIS may schedule an applicant for a subsequent examination (re-examination) to determine the applicant’s eligibility. During the re-examination:

    • The officer reviews any evidence provided by the applicant in a response to a request for evidence issued during or after the initial interview.

    • The officer considers new oral and written testimony and determines whether the applicant meets all of the naturalization eligibility requirements, to include re-testing the applicant on the educational requirements (if necessary).

    In general, the re-examination provides the applicant with an opportunity to overcome deficiencies in his or her naturalization application. Where the re-examination is scheduled for failure to meet the educational requirements for naturalization during the initial examination, the subsequent re-examination is scheduled between 60 and 90 days from the initial examination.

     

    If the applicant is unable to overcome the deficiencies in his or her naturalization application, the officer denies the naturalization application. 

  4. 4 minutes ago, NB West said:

    I’ll be traveling from Lagos and I already have the scanned copy of the card. So now do I still need to tell my fiancé to present the card at the airline ticket desk  prior to my arrival date?

    You don't have to, but if s/he lives close to an airport or will visit one, it won't be a bad idea. It can be any airport, not just the one you're arriving in, so long as the airline has a desk there. An airline once asked me to do this, which is why I suggested it. The agent at the desk made a note on their system (I guess that she'd inspected the physical card).

  5. On 10/1/2019 at 1:46 AM, SusieQQQ said:

    My opinion is that you might have difficulty succeeding in an application while you are still living apart. I’m not sure “loves her job” qualifies as an essential business demand. You can certainly try, but remember all the burden of proof is on you to convince them why your wife loving her job is a valid reason for her not to live with you, or for you not to choose a school closer to where she is.

    You're usually on point, but I think you're wrong on this one. Of course, OP would be unwise to simply admit that the separation was because his spouse "loves her job," but surely they could successfully argue, with evidence, that:

    • 1) they initially resided together in marital bliss in X location where wife had established a career; 
    • 2) school admission in Y location caused an involuntary separation, as wife moving would lead to significant financial loss to the family; and
    • 3) there is no marital disunity, as evidenced by frequent trips between X and Y, shared finances, etc.

    Even the most punctilious of USCIS officers would struggle to issue a denial on this case.

  6. Congrats to OP, but honestly no applicant who uses VJ should still be getting RFEs for the I-751 -- unless you have a complicated marriage issue. It's really the simplest part of the visa journey, and I don't think the guides on VJ are well structured to help DIY applicants get it right the first time.

     

    The rules seem straightforward to me:

    • Provide documents that cover 4 main areas of a bona fide marriage: cohabitation, financial co-mingling, shared life experiences, and planning for the future (first two being most important); and
    • For each type of document provided, where possible, provide documents from marriage to the time of your application

    Any applicant who sticks to these two rules is guaranteed approval.

  7. 19 hours ago, Fanguy said:

    On May 17 this year I went for my interview for my citizenship and passed but up till now which has passed 120 days I haven’t been sent a letter for my oath ceremony. Upon several calls to the USCIS office all what they tell me is  it’s in the process. Any advice will be much appreciated 

    Unfortunately all you can do at this point is try to follow up on your case. Ask your Congressional rep for case assistance. The 120 days you mention doesn't really apply, since USCIS has issued a decision. 

  8. 21 minutes ago, Maxxx said:

    Hello afrocraft

     

    My apology for not responding earlier, but I haven't had a chance to log in again until now.

     

    First of all thank you so much for your clarification. I appreciate it. And yes I was confused prior to your clarification.

     

    Fortunately your clarification happens also to be good news for me, because yes at the time of filing I had maintained physical presence for well over half of the statutory period (in fact about 7/8th of the  statutory period), AND, since the time of being a resident, I have never stayed outside of the US for more than about 10 days (and usually only one or two days).

     

    By the way, I really like the name afrocraft!

     

    Thanks again!   

    Glad to be of help. Maxxx isn't too bad either! 

  9. 8 hours ago, Patient teacher said:

    Is this where they will ask him questions about our gov, will they have the swearing in ceremony?

    Can I go in with him?

    You can read about the "naturalization examination" in the USCIS Policy Manual here: https://www.uscis.gov/policy-manual/volume-12-part-b-chapter-3

     

    The relevant portion is quoted below:

     

    Quote

     

    C. Initial Naturalization Examination

    All naturalization applicants must appear for an in-person examination before a USCIS officer after filing an Application for Naturalization (Form N-400). The applicant’s examination includes both the interview and the administration of the English and civics tests. The applicant’s interview is a central part of the naturalization examination. The officer conducts the interview with the applicant to review and examine all factors relating to the applicant’s eligibility. 

     

    The officer places the applicant under oath and interviews the applicant on the questions and responses in the applicant’s naturalization application. The initial naturalization examination includes:

    • An officer’s review of information provided in the applicant’s naturalization application,

    • The administration of tests on the educational requirements for naturalization; and

    • An officer’s questions relating to the applicant’s eligibility for naturalization.

    The applicant’s written responses to questions on his or her naturalization application are part of the documentary record signed under penalty of perjury. The written record includes any amendments to the responses in the application that the officer makes in the course of the naturalization interview as a result of the applicant’s testimony. The amendments, sworn affidavits, and oral statements and answers document the applicant’s testimony and representations during the naturalization interview(s). 

     

    At the officer’s discretion, he or she may record the interview by a mechanical, electronic, or videotaped device, may have a transcript made, or may prepare an affidavit covering the testimony of the applicant. The applicant or his or her authorized attorney or representative may request a copy of the record of proceedings through the Freedom of Information Act (FOIA).

     

    The officer provides the applicant with a notice of results at the end of the examination regardless of the outcome. The notice provides the outcome of the examination and should explain what the next steps are in cases that are continued.

     

     

  10. 14 minutes ago, Villanelle said:

    From my observations almost every person who has DV issues in the n400 process gets denied. USCIS takes a very firm and not at all friendly approach to DV matters. As posted a conviction is not necessarily needed. The only good thing in this for the OP is that because there was no conviction if his n400 is denied he will not be subject to deportation for the DV matter. 

    A USCIS officer cannot deny the application just because s/he does not like the applicant. There has to be legal grounds for denial. Not only that, the officer must articulate the reason(s) for denial in writing:

     

     

    Quote

     

    The written denial notice should include:

    • A clear and concise statement of the facts in support of the decision;

    • Citation of the specific eligibility requirements the applicant failed to demonstrate; and

    • Information on how the applicant may request a hearing on the denial.

    We underestimate how hard denials are. What would be the reason for the denial here?

  11. 7 hours ago, Maxxx said:

    However I would like to be clear...as to whether the physical presence test gets applied at the time of filing, or at the time of the interview ? 

    At the time of filing. 

     

    You appear to be conflating 2 separate but related eligibility requirements -- physical presence and continuous residence. You must meet both requirements.

     

    Physical presence (actual, on-the-ground presence in the US) is only adjudged at filing: Have you stayed in the US, in total, at least half the required statutory period? From USCIS Policy Manual:

     

    Quote

     

    A. Physical Presence Requirement
    An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required... Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization...USCIS will count the day that an applicant departs from the United States and the day he or she returns as days of physical presence within the United States for naturalization purposes.

     

     

    Continuous residence (maintaining US ties, sort of) is decided at filing -- and up until you take the oath! You must continue to show you are not outside the US any longer than 6 months at a time without a valid reason. Again from the Policy Manual:

     

    Quote

     

    A. Continuous Residence Requirement
    An applicant for naturalization ... must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least five (or three) years prior to filing the naturalization application and up to the time of naturalization... The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute. 

     

     

  12. 22 minutes ago, SusieQQQ said:

    Some of the increasingly dismissive responses here make it plain why US consulates around the world have signs up informing women of their rights in the US.... Yes, not everyone immediatelay understands what is considered acceptable here. I presume this is partly why people like the OP have to undergo training.

    Sigh. I grew up outside the US. I still recall pleading with my mom to abandon her marriage, plotting one day to do untold harm to her abuser. Without getting into my personal story, I don't need to be told what domestic violence is, and what harm it does to partners, to children. I experienced it firsthand: the physical aspects, the emotional. I don't dismiss it; I abhor it.

     

    But we don't really know what happened here. The circumstances matter when it comes to DV. And some of the naive suggestions here -- that merely making your partner "uncomfortable" or "yelling" at him/her is akin to DV -- make light of true abuse. Like the one that shaped much of my childhood. 

     

    Anyway, this is an immigration forum. As I articulated earlier, USCIS policy favors approval of OP's case.

  13. 2 hours ago, gt1 said:

    Yes, I already found the form on the web- https://cliniclegal.org/sites/default/files/toolkits/citizenship/N652.pdf

    The look of it doesn't ring a bell.

    OK. That's problematic. You have no real proof of the decision, then. Who knows if you misheard the officer?

     

    No worry, though. If I were you, I would write the Field Officer and ask for an update (check the USCIS website for the office mailing address, and send via certified mail). Ask for an update, recounting your application history (filing date, biometric date, interview date, and interview outcome, and no RFE). Say it's now gone past 90 days.

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