Legal Question in Immigration Law in Maryland

Section 319 (a) of the Act

I got married US citizen on February, 2002. I was granted a Permanent residency status on August, 2003. In July, 2006 I filled application for naturalization based on the three years as a Lawful Permanent Resident married to US citizen. I had last interview for naturalization in October, 2006. Since September, 2007 I have been in limited divorce. I was scheduled for a naturalization ceremony on November, 2008. However, I was not granted naturalization because I have failed to establish my eligibility for naturalization under Section 319 (a) of the Act. Can my case for naturalization further be processed on the basis on five years as a Lawful Permanent Resident of the US?


Asked on 11/30/08, 2:47 pm

1 Answer from Attorneys
Gregory Bryl Attorney At Law

Re: Section 319 (a) of the Act

You can certainly re-apply for citizenship based on 5-year permanent residency when the time comes. As for your current case, generally you cannot convert a 3-year eligibility case into a 5-year eligibility case.

I have seen that sometimes you can file an amended N-400, checking the appropriate box (5-year eligibility) and ask CIS to ajudicate your amended N-400. Chances are, however, that CIS will make you file a new N-400 and pay a new filing fee. Since it doesn't cost anything (other than your time) to file an amended N-400, you can try your luck with that.

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Answered on 12/01/08, 2:08 pm


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