INS Issues Interim Procedures for Natz Apps Filed Too Early
Posted Aug 3, 1999

We at The Law Office of Sheela Murthy have received e-mails and phone calls from people who inadvertently filed their naturalization applications too early, even by as little as one day, and were demoralized to find that, after as much as one or two years of waiting, the applications were ultimately denied because of the untimely filing (early filing). After waiting for several years and hearing that the process to become a U.S. citizen takes so long, some people assume that they can file early so that they can get their citizenship soon after the five years in most cases, or three years in case of marriage to a U.S. citizen, after becoming a permanent resident.

INS has now issued guidance as to how to handle such cases.

In general, one must be a permanent resident of the U.S. for five years to qualify for naturalization, three years in the case of a person married to a U.S. citizen for at least three years. There are certain exceptions in special circumstances, for example for military personnel. And of course there are other eligibility requirements, in addition to the duration of ones U.S. resident status. Naturalization regulations enable a person to file the application up to ninety days ahead of the five-year or three-year anniversary date. Readers are warned to be careful when calculating those dates!

In its procedural memo issued on June 29, 1999, INS sets forth what is calls an interim procedure, so we expect that some additional guidance will be forthcoming. The memo reminds INS officers that if an application is filed too early, it should not be accepted, and the application and fee should be returned to the applicant. The memo then goes on to provide guidance for cases in which INS has mistakenly accepted a premature application for processing.

First of all, the INS Officer at the interview is to tell the applicant that the application must be denied, as it was filed too early. The officer then should provide an opportunity to withdraw the application, and if the applicant refuses, then the application is to be denied. If the applicant consents to withdrawal, then, and only then, can the INS Officer allow the applicant to complete a new application, which will be accepted without fee. The applicant is therefore well advised to withdraw the case, so that it can be promptly re-filed right then and there at the interview.

The INS memo also highlights a software limitation. Since naturalization applications are now filed with regional Service Centers, the software used does not allow for filing at local District Offices. Therefore, when the INS Officer accepts the new application at the District Office interview, there is no way to enter that filing into the computer system that tracks case status, and a manual notation must be made. Once the actual naturalization ceremony takes place, the main system can be electronically updated to reflect the persons new citizenship status.

We hope the above procedure will save time and effort in the long run for citizenship applicants since we have received several requests on this issue at the Law Office of Sheela Murthy. We will continue to provide any updates when INS releases further instructions.