Canadiandesi2006 said:
Thanks CA4ver2u and Bech, appreciate your thoughts. I had used the attorney's services to avoid any pitfalls but seems he was more concerned about his damn fee without caring about eligibility. Had the attorney told me about this I could have waited for 2 months, it was not a big deal then. Now I can see I'm short of 59 days for the eligibility.
I passed the test with 20/20 . During the interview the officer was nice and told me it would take 4 months either for Oath or hearing with the Judge but did not say anything about 59 days short to meet the eligibility.
Dont know when I would get either Oath letter or hearing with judge. Besides one month last year on official business, I did not go out of country since I applied. Considering my nature of job requires traveling, pray that Judge be considerate and approve my case.
Once again, thanks for sharing your thoughts.
Ok Canadiandesi....your situation is quite tricky. Sorry for being direct... it is not going to be a good news... you will certainly meet judge if you are short of days... sad part is even if judge gives you favorable decision, it is likely that CIC will appeal against it in federal court!!!..... (please check some of the decisions in the court webpage http://decisions.fct-cf.gc.ca/fc-cf/en/d/s/index.do?col=54). Just type in 1095 days in search text and read some cases...
My first application was rejected for the same reason in 2009-10 ( I had fewer days than 1095 ... may be 975 days of physical presence since last four years of my application date, I thought i had a good reason for absent days- i was away in a foreign country collecting data for research conduced in Canadian University)... I gave the test and passed, met the CIC judge who flatly denied citizenship..... I didn't appeal and preferred to apply again. It seems that only exception for less than 1095 days is if you are sent away from the country by federal govt/or any other important agencies (like defense, foreign affairs etc... this is just a hearsay, i am not sure)
I applied again after safely completing 1095 days (with lot of buffer days) in Jan 2012. I got the oath date for next week.
So, Please be prepared for some not so good news.....I hope you get lucky....