Baton Rouge, LA asked in Immigration Law for Louisiana

Q: Cleared USCIS interview. Rejected as of overstay of 48 days on medical ground, even after completing 5 years at US.Guid

Sir, need your guidance on immigration related issue.

My mother, who is 75 years of age. She is in USA since 2011 on Green Card (Permanent Residency).

This year she had her 3’rd Citizenship interview, which she cleared after lot of hard work, at this age.

The point is, in her last visit to India she stayed for additional 48 days approximately, for medical reason. Though she already had completed 5 years of stay at USA, well in advance (i.e. before her visit to India).

But after clearing interview she got answer that you haven’t submitted medical certificate hence we can’t grant citizenship. (Though we are ready to submit medical invoice for that)

My question is, if so…

 Why they schedule her interview when they were well known about her stay, as facts were submitted well in advance

 Why they accepted the fees

 Why they scheduled Fingerprint and Interview

For all this she struggled hard at this age. She is frustrated enough because of such answer from authorities

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: The USCIS accepts all completed applications. It is up to the applicant to decide whether to apply. The applicant should know the law before they file for citizenship by naturalization. The USCIS charges for the time to research and review the applicant's qualifications.

If the USCIS determines from the fingerprints that an applicant is deportable, then it can contact ICE so that the applicant is taken into custody and charged in an immigration court. A denial, even rescission of permanent resident status followed by a deportation hearing are consequences of filing for naturalization.

Your mother took the tests, then the USCIS reviewed her application. It determined that she was disqualified, so the application was denied. The USCIS did what your mother requested, it reviewed whether she was eligible for citizenship by naturalization, then determined that she was not, so her application was denied.

Your mother has the right to file once she can secure the required documentation to demonstrate that she should be approved for naturalization. She should consider hiring a competent and experienced immigration attorney based upon the denial.

The above is general information, not legal advice, and does not create an attorney client relationship.

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