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Hi Guys,
On May 13th I've filed a n400 form for naturalization at my local USCIS office in Buffalo where I've been living for past 6 years.Initially entire process was going very smoothly. I've got my fingerprints done and quickly after that I've received an interview notice.
However, around at the same time I have also gotten a new job in New York City and USCIS interview date was essentially - well my first day on a new job. ( yea.. call it a luck.. ) Since time was not a factor, I've figured I could move my case to New York and finish the process over there. After a brief consultation with one of the USCIS officers in Buffalo, I've sent a request - followed by a valid reason to move my case to NYC. Then, once I moved to NYC I also filled out an address change form to make sure they will use my new address.
One week after that I received notice from USCIS that my case was moved to NYC and I should be awaiting for new interview date - great!! Two weeks after that I received a notice with the new interview date at New York Office location.
Fast forward to the interview date. I've arrived on time with all the requested documents. I have waited for about 20 minutes until my name was read - at least that's what I thought because nobody stood up and I've figured it must be me. (yes it's long and hard to pronounce). My officer was a black women who was really impolite. I've figured - well, since it's not her best day at work, I'm going to spare her any conversations and just answer her questions, period.
She asked me about everything in my application. Since I've got a new job and changed my place of living - she updated the application with new information.
At the end she told me I've passed the interview, however the decision cannot be made yet - she did not say why.
Month after the interview - still no feedback about my application.
In the middle of the October, my patience was wearing thin. I've used online status tool and ..... denied - "notice was sent on October 1st."
Which was like 2 weeks back but I still have not received any explanations from USCIS.
Instantly after that, I've set up an infopass appointment with USCIS in NYC and asked them to give me the letter personally.
It came out to be an address error - last two digits were switched. It was weird because they already had my new address in the system and they've already sent me a notice for the interview so.. how they could mess it up ?
Anyway! The reason my application was denied is ...
"During your interview you confirmed that you resided in ZZZ,Buffalo, New York from October 2009 to the time of filing your application. From the August 11 to the present you reside in ZZZ, Brooklyn, New York. According to INA 316, you must reside in USCIS Service distrist having jurisdiction over your application for 3 months before you may file Form N400. You have only resided for 33 days at the time of your interview thus you are unfortunately ineligible for naturalization at this time. For more information see INA 316 a 1".
Well.. that would be the end of story however something was still wrong to me. USCIS officer said earlier that the case transfer will definitely won't cause any harm. Additionally, the INA 316 a 1 states :
"immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months"
So if I understand this correctly: it's either a State or a District ? Since I was living in the same state shouldn't that requirement be uphold in this case?
I would appreciate any advices / help.
Should I just let it slide and file new application in new year ?
Thank you so much in advance.
On May 13th I've filed a n400 form for naturalization at my local USCIS office in Buffalo where I've been living for past 6 years.Initially entire process was going very smoothly. I've got my fingerprints done and quickly after that I've received an interview notice.
However, around at the same time I have also gotten a new job in New York City and USCIS interview date was essentially - well my first day on a new job. ( yea.. call it a luck.. ) Since time was not a factor, I've figured I could move my case to New York and finish the process over there. After a brief consultation with one of the USCIS officers in Buffalo, I've sent a request - followed by a valid reason to move my case to NYC. Then, once I moved to NYC I also filled out an address change form to make sure they will use my new address.
One week after that I received notice from USCIS that my case was moved to NYC and I should be awaiting for new interview date - great!! Two weeks after that I received a notice with the new interview date at New York Office location.
Fast forward to the interview date. I've arrived on time with all the requested documents. I have waited for about 20 minutes until my name was read - at least that's what I thought because nobody stood up and I've figured it must be me. (yes it's long and hard to pronounce). My officer was a black women who was really impolite. I've figured - well, since it's not her best day at work, I'm going to spare her any conversations and just answer her questions, period.
She asked me about everything in my application. Since I've got a new job and changed my place of living - she updated the application with new information.
At the end she told me I've passed the interview, however the decision cannot be made yet - she did not say why.
Month after the interview - still no feedback about my application.
In the middle of the October, my patience was wearing thin. I've used online status tool and ..... denied - "notice was sent on October 1st."
Which was like 2 weeks back but I still have not received any explanations from USCIS.
Instantly after that, I've set up an infopass appointment with USCIS in NYC and asked them to give me the letter personally.
It came out to be an address error - last two digits were switched. It was weird because they already had my new address in the system and they've already sent me a notice for the interview so.. how they could mess it up ?
Anyway! The reason my application was denied is ...
"During your interview you confirmed that you resided in ZZZ,Buffalo, New York from October 2009 to the time of filing your application. From the August 11 to the present you reside in ZZZ, Brooklyn, New York. According to INA 316, you must reside in USCIS Service distrist having jurisdiction over your application for 3 months before you may file Form N400. You have only resided for 33 days at the time of your interview thus you are unfortunately ineligible for naturalization at this time. For more information see INA 316 a 1".
Well.. that would be the end of story however something was still wrong to me. USCIS officer said earlier that the case transfer will definitely won't cause any harm. Additionally, the INA 316 a 1 states :
"immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months"
So if I understand this correctly: it's either a State or a District ? Since I was living in the same state shouldn't that requirement be uphold in this case?
I would appreciate any advices / help.
Should I just let it slide and file new application in new year ?
Thank you so much in advance.
