Does USCIS grant interviews to hopeless applications?

[Triple Citizen]

Totally agree with you.

I amended my intial post on the subject.

What does defending your LPR status at POE have to do with continuous residence? A reentry permit preserves your LPR status, not your continuous residency requirement for naturalization.

 

[Bobsmyth]

Not to beat a dead horse, but I can see how an application can appear to have been denied based on physical presence rather than continuous residence up until oath. For example, an applicant with 36 months of physical presence and no break in continuous residency applies for naturalization. Before his interview, he travels outside the US for 7 months, but is unable to successfully overcome the presumption of a break in continuous residency at he interview. His application is denied due to not meeting continuous residency up until the interview. Conclusion,it can be perceived that it was denied due to not meeting physical presence up until interview (36-7= 29 months).

 

[Jackolantern]

You said the physical presence was a regulatory requirement in another post, the fact is it's not. Now you are saying there are court precedents and procedures that they follow. Could you back up your statements with facts? because people will read this and think what you said it's true. Immigration is not a religion, so it's not a matter of belief or disbelief, but rather what's stated in the law. There are a lot of gray areas obviously, and I believe what you said is one of them.

As I said before, I am not a lawyer and I can be wrong. Don't listen to me alone when you have a serious matter; consult a lawyer. And don't be overly confident in yourself either. Seeing one court case is not definitive, because it may have been overruled by a higher court or the laws may have been different at the time. If your case is indeed approvable, get a lawyer to accumulate and study all the laws and precedents to maximize your chances of approval. You don't only have physical presence issues to deal with, you also have to worry about continuous residence and keeping your green card as you continue to spend lengths of time in Canada while holding Canadian PR.

 

[boatbod]

From things I've read over the last several years, applicants typically aren't denied just for physical presence issues. If a person has a low physical presence count, they generally also have long absences or other residency issues.

This whole discussion seems rather academic as everybody agrees there are clearly issues with the OP's case, and the only person who gets to decide the outcome is the IO.