Denied citizenship application due to early filing
After the interview, where i passed civics and history and provided all the documents, was denied because was married 2 years and 10 month when filing.
Should I appeal with the form n-336?
3 attorney answers
Decision was correct unless you were both married AND a permanent resident for 2 years and 9 months - not just married
Two eligibility criteria for an N400 under your circumstances are:
"Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;"
"Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;"
The USCIS Early Filing Calculator is only to check time as a permanent resident, and specifically states: "The information in this part ONLY relates to your time as a permanent resident."
An N336 would not have a basis to challenge the denial since the eligibility criteria were not met. Sorry for what happened. Good luck.
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Unfortunately, I think that application of the rule can be correct.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.