N400 Decision : Denial , Should we appeal

V

Vjust

Registered Users (C)
This is for my Mother (75 yrs old).

Reasons given for denial: 1)Disruption of continuos residence.
She was out of US for 10 months in 2004. Summary:331 days in 2004, 139 days in 2006, 202 in 2008, 60 days in 2008). The longest absence was to care for her mother in 2004. In 2008 she broke her leg in India and had to overstay by 4 weeks or so.

2)Good Moral Character - Three times her fingerprints couldn't be recorded by CIS due to technical reasons. She was asked to get Good Conduct Certificate from NY, VA, MD, Canada, and Bangalore. She has provided the certs from NY,VA, MD.

We're told we have 30 odd days to appeal this. She has a green card and is fine. This was more so that she could get medical benefits of a US citizen.

Should we appeal, or is it better to wait - I'd like your opinions.

Thanks in advance.
 
Vjust said:
This is for my Mother (75 yrs old).

Reasons given for denial: 1)Disruption of continuos residence.
She was out of US for 10 months in 2004. Summary:331 days in 2004, 139 days in 2006, 202 in 2008, 60 days in 2008). The longest absence was to care for her mother in 2004. In 2008 she broke her leg in India and had to overstay by 4 weeks or so.

2)Good Moral Character - Three times her fingerprints couldn't be recorded by CIS due to technical reasons. She was asked to get Good Conduct Certificate from NY, VA, MD, Canada, and Bangalore. She has provided the certs from NY,VA, MD.

We're told we have 30 odd days to appeal this. She has a green card and is fine. This was more so that she could get medical benefits of a US citizen.

Should we appeal, or is it better to wait - I'd like your opinions.

Thanks in advance.
Click to expand...

Did she provide proof of US residential at interview during her long stays outside US?
Usually they only ask for good conduct certificate for the last 5 years (statutory period) from the areas the applicant lived in. Did your mom live in Canada and India during the last 5 years? Also, why did she not provide the good conduct certificate from Canada and India?
 
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Hi, this was for my mom, who is in her 70s. She is not employed, and has not filed a tax return (as she has no income). So she has limited documents to show residency (when she was outside US) , she does not have a drivers license.

Initially , the IO told her to get Good conduct Certificates from NY, VA and MD and assured my mother 'that should take care of it'.
When we went back with those police certificates (saying she does not have a criminal record, no record of arrests, traffic tickets, etc)... there was a different IO this time, who pointed out that it was needed from all places.
 
Last edited by a moderator:
Vjust said:
This is for my Mother (75 yrs old).

Reasons given for denial: 1)Disruption of continuos residence.
She was out of US for 10 months in 2004. Summary:331 days in 2004, 139 days in 2006, 202 in 2008, 60 days in 2008). The longest absence was to care for her mother in 2004. In 2008 she broke her leg in India and had to overstay by 4 weeks or so.

2)Good Moral Character - Three times her fingerprints couldn't be recorded by CIS due to technical reasons. She was asked to get Good Conduct Certificate from NY, VA, MD, Canada, and Bangalore. She has provided the certs from NY,VA, MD.

We're told we have 30 odd days to appeal this. She has a green card and is fine. This was more so that she could get medical benefits of a US citizen.

Should we appeal, or is it better to wait - I'd like your opinions.

Thanks in advance.
Click to expand...

Hi,

I think you should speak to a immigration lawyer.

1. Your mother spent a lot ot time out of the country and she brought her continuos residence. She should have gotten a reentry permit.

In addition, it is important to show clearance certificates from the police department for every single place your mother have been leaving in the 5 years before filling the application.

So they are reasons to be denied. She can apply again but first she have to pass the naturalization requirements.

I think you should speak with a lawyer.

---------------------------------

I am not a lawyer
 
iceway said:
1. Your mother spent a lot ot time out of the country and she brought her continuos residence. She should have gotten a reentry permit.
Click to expand...
Reentry permit helps with preserving the green card during long trips overseas, but is of practically no relevance when it comes to continuous residence for naturalization purposes.
 
Somebody on in another thread mentioned there is some kind of cream or lotion that can be rubbed on the fingers for a few weeks to moisten/soften the skin to make it easier for the fingerprints to be read. So if you can find out what it is, using it next time may allow her to avoid getting all those police certificates.

But still there is the problem of continuous residence. Having two trips of over 6 months, without otherwise having strong evidence of residence, makes it really tough to get approved even if the fingerprint thing was resolved. When did she apply?
 
Jackolantern said:
Somebody on in another thread mentioned there is some kind of cream or lotion that can be rubbed on the fingers for a few weeks to moisten/soften the skin to make it easier for the fingerprints to be read. So if you can find out what it is, using it next time may allow her to avoid getting all those police certificates.

Corn husk oil, from the Drugstore, very inexpensive
Click to expand...
 
Vjust said:
This is for my Mother (75 yrs old).

Reasons given for denial: 1)Disruption of continuos residence.
She was out of US for 10 months in 2004. Summary:331 days in 2004, 139 days in 2006, 202 in 2008, 60 days in 2008). The longest absence was to care for her mother in 2004. In 2008 she broke her leg in India and had to overstay by 4 weeks or so.

2)Good Moral Character - Three times her fingerprints couldn't be recorded by CIS due to technical reasons. She was asked to get Good Conduct Certificate from NY, VA, MD, Canada, and Bangalore. She has provided the certs from NY,VA, MD.

We're told we have 30 odd days to appeal this. She has a green card and is fine. This was more so that she could get medical benefits of a US citizen.

Should we appeal, or is it better to wait - I'd like your opinions.

Thanks in advance.
Click to expand...

I am confused. When exactly did your mother file her N-400 application? Based on the timeline you gave, the last trip abroad over 6 months long that she took was in 2004. For continuous residency requirement for N-400, only the 5 years immediately preceding the filing of N-400 count.
So if she filed N-400 in 2010, she would have had 5 full years without trips over 6 months long: 2005, 2006, 2007, 2008, 2009.
In any case, it looks to me that if she re-files a new N-400 now, continuous residency will not be an issue.
 
Vjust said:
Hi, this was for my mom, who is in her 70s. She is not employed, and has not filed a tax return (as she has no income). So she has limited documents to show residency (when she was outside US) , she does not have a drivers license.

Initially , the IO told her to get Good conduct Certificates from NY, VA and MD and assured my mother 'that should take care of it'.
When we went back with those police certificates (saying she does not have a criminal record, no record of arrests, traffic tickets, etc)... there was a different IO this time, who pointed out that it was needed from all places.
Click to expand...

Did she live with you while in US? Is your dad alive and living with her?
 
Vjust said:
This is for my Mother (75 yrs old).

Reasons given for denial: 1)Disruption of continuos residence.
She was out of US for 10 months in 2004. Summary:331 days in 2004, 139 days in 2006, 202 in 2008, 60 days in 2008). The longest absence was to care for her mother in 2004. In 2008 she broke her leg in India and had to overstay by 4 weeks or so.

2)Good Moral Character - Three times her fingerprints couldn't be recorded by CIS due to technical reasons. She was asked to get Good Conduct Certificate from NY, VA, MD, Canada, and Bangalore. She has provided the certs from NY,VA, MD.

We're told we have 30 odd days to appeal this. She has a green card and is fine. This was more so that she could get medical benefits of a US citizen.

Should we appeal, or is it better to wait - I'd like your opinions.

Thanks in advance.
Click to expand...

This is a fairly complicated situation, so you are best advised to quickly consult an immigration lawyer.

My non-expert 2c: Your mother should either appeal or to file a new N-400 now.

The only other option is to wait for 5 years from the end of her 2008 trip that lasted 202 days, which means applying around 2013. I assume that because of the age considerations, this would not be an attractive option for you.

Between appealing and reapplying now, I think that re-applying for a new N-400 now is a slightly better option. The interviewing IO has a wide discretion in deciding if a particular trip disrupted continuous residency, so an appeal will be a tall order. Moneywise, the cost of appeal is similar to the cost of filing a new N-400, and timewise an appeal could take even longer.
If your mother decides to re-apply now, she will have another chance to have her fingerprints taken (plus maybe use those handcreams that are discussed in this thread above) and, in the meantime, try to get good conduct certoficates from Canada and India. Also, she could try to get some kind of documentation proving the temporary nature of her 2008 trip, e.g. medical documents related to her treatment for a broken leg, sworn affidavits from family members both here and in India, etc.

Having said this, I do think that getting a professional advice from an immigration lawyer is a must here.
 
baikal3 said:
This is a fairly complicated situation, so you are best advised to quickly consult an immigration lawyer.

My non-expert 2c: Your mother should either appeal or to file a new N-400 now.

The only other option is to wait for 5 years from the end of her 2008 trip that lasted 202 days, which means applying around 2013. I assume that because of the age considerations, this would not be an attractive option for you.

Between appealing and reapplying now, I think that re-applying for a new N-400 now is a slightly better option. The interviewing IO has a wide discretion in deciding if a particular trip disrupted continuous residency, so an appeal will be a tall order. Moneywise, the cost of appeal is similar to the cost of filing a new N-400, and timewise an appeal could take even longer.
If your mother decides to re-apply now, she will have another chance to have her fingerprints taken (plus maybe use those handcreams that are discussed in this thread above) and, in the meantime, try to get good conduct certoficates from Canada and India. Also, she could try to get some kind of documentation proving the temporary nature of her 2008 trip, e.g. medical documents related to her treatment for a broken leg, sworn affidavits from family members both here and in India, etc.

Having said this, I do think that getting a professional advice from an immigration lawyer is a must here.
Click to expand...

Thanks all who provided answers to my question. I will most likely consult a lawyer.
 
my advice would be to wait for 5 years minus 3months from the return of 2008 trip when she was abroad for 202 days. Meanwhile ensure all future trips are less than 6 months. Put her in your Tax filing. You get a tax advantage for dependent and as her name and SSN are in tax records, it means she is filing tax return. I do not think USCIS will ignore her 202 days absence. I wonder a lawyer can make a difference. I may be wrong. Experts please reply
 
Vjust - what finally happened? Did you reapply, appeal or she is now USC ?

Vjust said:
This is for my Mother (75 yrs old).

Reasons given for denial: 1)Disruption of continuos residence.
She was out of US for 10 months in 2004. Summary:331 days in 2004, 139 days in 2006, 202 in 2008, 60 days in 2008). The longest absence was to care for her mother in 2004. In 2008 she broke her leg in India and had to overstay by 4 weeks or so.

2)Good Moral Character - Three times her fingerprints couldn't be recorded by CIS due to technical reasons. She was asked to get Good Conduct Certificate from NY, VA, MD, Canada, and Bangalore. She has provided the certs from NY,VA, MD.

We're told we have 30 odd days to appeal this. She has a green card and is fine. This was more so that she could get medical benefits of a US citizen.

Should we appeal, or is it better to wait - I'd like your opinions.

Thanks in advance.
Click to expand...
 
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