Denied Citizenship

You should ask your husband to seek the earliest appointment with a lawyer
and meet him with all papers. The lawyer will demand lot many documents which you will not be carrying in the first meeting . So there may be another meeting before appeal is prepared. give some time for filing etc. Given your comlex case it may some time to prepare. The lawyer may want your signature on few papers or appeal for which your husband will have to send all the papers to you in Iraq and then get them back in time. So don't take it that you have lot more time. Get going and get it filed as soon as possible.
 
Radni said:
You should ask your husband to seek the earliest appointment with a lawyer
and meet him with all papers. The lawyer will demand lot many documents which you will not be carrying in the first meeting . So there may be another meeting before appeal is prepared. give some time for filing etc. Given your comlex case it may some time to prepare. The lawyer may want your signature on few papers or appeal for which your husband will have to send all the papers to you in Iraq and then get them back in time. So don't take it that you have lot more time. Get going and get it filed as soon as possible.
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Yeah, I will do that right now, My husband has power of atterney to sign all and every documents so I wont have a problem with that.
 
Just realize you only have 30 days from the denial date to file and appeal. The appeal cost alone is $605. Lawyer representation fees will be at least another $1000-$3000.
 
Sorry to be negative, but I don't see any way you can be approved for naturalization at this time.

Its irrelevant whether you were working for a military contractor or not. Unless you have an approved N-470, your living and working overseas for longer than one year causes a statutory break in continuous residence.
 
boatbod said:
Its irrelevant whether you were working for a military contractor or not. Unless you have an approved N-470, your living and working overseas for longer than one year causes a statutory break in continuous residence.
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Yep, looks like you're right. Upon going through the M-476.pdf "Guide to Naturalization" it appears that one would have to actually be directly in the US military, and not just a civilian contracting with the military, for the time spent outside the US without an N-470 to be counted as time within the US. But anyway the OP should at least consult a lawyer to determine if it is possible based on the actual text of all the applicable laws and court precedents, because that PDF is neither the actual law nor a court case.
 
unfortunately, that's the way it is... N-470 approved... incredible but true.... if it was me.. I would get a lawyer and file an appeal and continue to fight this... see if they can make an exception... provided the person was following military orders...
 
hanouda,
If you were away from US for more than 12 mos on single trip, you would fall under " 1 year + 1 Day " rule, unless you had prior approved N-470 . But your case as such is not a simple one and according to me you may will be better off with the help of a lawyer for your current case ( appeal ) or even if you had to file a new N-400 under 4yr+1day rule. On your own you may goof up again even with fresh N-400 ! Morever you do not seem to mind the cost of fees. So you better take a good lawyer now and seek advice for possible appeal or new N-400 .
I also agree with rick92 that if I were in your place , I would fight this appeal and not give up at this stage.
 
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Radni said:
hanouda,
If you were away from US for more than 12 mos on single trip, you would fall under " 1 year + 1 Day " rule, unless you had prior approved N-470 . But your case as such is not a simple one and according to me you may will be better off with the help of a lawyer for your current case ( appeal ) or even if you had to file a new N-400 under 4yr+1day rule. On your own you may goof up again even with fresh N-400 ! Morever you do not seem to mind the cost of fees. So you better take a good lawyer now and seek advice for possible appeal or new N-400 .
I also agree with rick92 that if I were in your place , I would fight this appeal and not give up at this stage.
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I guess that is what I am going to do, I didnt know about the N470 because I was not planning to stay over there for over a year. the plans has been changed and I got stocked in here.
I will fight for it and if I dont win, I will wait again for an other 3 years and file again.
I feel it is just a question of luck right now.
 
If you are to work abroad like you have been doing, you are well advised to file N-470 even now ( starting say within a month or so or as soon as you can ) . N-470 (when get approved ) will benifit you in counting your physical presence in USA . FYI , if you are working abroad with approved N-470 , your absence from USA is still counted as your presence in USA ( or the absence is waived ) . So even while you file your appeal , you may still want to file N-470 ( I will advise you to file through a lawyer ) and get it approved which can help you ( strengthen your case ) in your fresh N-400 in case you loose the appeal .
 
N-470 is always a good plan if you are eligible, but sometimes that is tricky because of the requirement to have one full year of uninterrupted physical presence in the US post-LPR.
 
Was your processing in the country or outside of the country? Were you enlisted or were you a civilian?
 
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raevsky said:
Was your processing in the country or outside of the country? Were you enlisted or were you a civilian?
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I filed in the state, then I did the fingerprint in Baghdad, but the interview was in the state.
No, I am civilian contractor. not Military
 
Then the new memo does not apply anyway. And if you had a gap of 1 year or more without N-470 approved, that is it.
 
Here is my updates,

I flew back to the state just for the appeal, I went and talked to the Immigration Officer, she was such a nicer person, she told me that she can over wright the law. I suppose to fill out the N-470 if I was planning to stay over seas for over a year, and the company I work for should inform me, eventhough I am a Department of Defense Contractor, they dont take that as a concideration even I have been working for them for 3 years right now and I work in the Base.
So she told me I should wait 2 years now and apply again, That is what I have to do right now.
I hope my experience will be a lesson for others, not to go overseas to work without filling N-470 even if you are working for US Gov.
Good luck to everybody.
 
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