Q & A April 10, 2005

Q & A 1.

Q&A 1.

The U.S.C.I.S. cancels interview dates for various reasons, but not because of old age or low-income.

Mrs. Xie reader from New York asks:
I submitted my application for naturalization in 6/02. After waiting for 2 years, I went to immigration in NY inquiring my case. Finally, I received a notice for interview in 10/04. However, prior to the naturalization interview, I received a notice canceling the 10/04 date without giving any reasons other than a new interview date would be rescheduled. As of now, I have not received any rescheduled interview notice. Questions:
1. I am not sure if the delay was caused by my old age and low income.
2. What should I do? Should I continue to wait for the interview notice?
3. I work in New Jersey but live in New York. Can I re-file my application in NJ’s CIS?

Mr. Lee answers:

1 The U.S.C.I.S. cancels interview dates for various reasons, but not because of old age or low-income. Being elderly does not constitute a basis for denial or enhanced scrutiny. Neither does low-income in a naturalization application unless it was connected with fraud in obtaining the permanent residence card. Even then, that would be a question to be resolved at the interview itself. It is more likely that the interview was canceled because a file is missing or security clearances have not yet been run or completed. We also had a recent situation in which a naturalization interview was cancelled and rescheduled because the U.S.C.I.S. initially scheduled the interview in the wrong district office.

2 You should certainly continue to wait for the new date. You should also contact the Vermont Service Center by letter and the National Customer Service Center by telephone (1-800-375-5283) to ensure that your case is still in regular process.

3 All applications for naturalization in either New York or New Jersey are filed with the Vermont Service Center. In filing an N-400 application, you must put down your present address. You cannot use your work address as your home location. Jurisdiction of an N-400 application depends upon the home location of the applicant. Besides the possible confusion of the U.S.C.I.S. in now dealing with two applications for naturalization, putting in another N-400 application using your New Jersey work location as your home address would lead to the rejection of the application at the time of interview if the truth about your address is discovered.

Copyright © 2003 - 2005 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.