Interview yesterday-Denied? Pls help.

The main issue with the OP's case is proving sufficient residency ties for the time outside the US. Considering that the OP spent only about 35 days in US from Oct 07-May 09 and has no immediate family ties in US will be considered a presumed break in continuous residence unless proven otherwise. However, the OP indicated that she continued to pay rent on her US home, applied for a reentry permit and has medical conditions that forced her to seek help outside US, all of which can be used to support claim that she did not intend to break continuous residency. In the end, it will be up to IO and supervisor to decide adjudication based on the evidence presented. All that she can do now is remain positive and study the possible outcome (no matter what it may be) so that she is fully prepared
 
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Busco said:
Bobsmyth, I see what u mean, thanks for explaining. Also thanks for explaining the appeal process, I appreciate it.
Does anyone know how long the appeal process usually takes?
Thanks!!
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Once you file an administrative appeal via N-336, you will be requested to present yourself at a hearing where you can present your case and further evidence. You can expect a decision on your appeal anywhere from 2-6 months after you submit the appeal.
 
Busco said:
I know how it looks but I was honestly not "playing the system" I flew home as soon as the doctors allowed me to, the dates are coincidence.
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"the dates are coincidence" - Your first trip was 363 days (2 days short of the one year/365 days that would have automatically broken your residency (yet leaving you with the burden to prove your maintained residency), and your second trip was 179 days, one day short of the 179/6 month requirement. I can understand how your IO could have thought that was a BIG coincidence.

I am not doubting the legitimacy of your medical problems, just putting across the other point of view. As you stated, you have proved lot of medical evidence showing the need to get care overseas, yet you may be a little "light" on proof that you maintained residency ties here "He looked at my rental agreement, rent receipts and letter from landlord stating my personal effects, mail etc had remained while I was overseas.

As others have stated, all you can do at the moment is wait on a result, then take it from there.

Please post here when you do receive a result, as your is in interesting situation.
 
Regarding Original Post

Was the N400 application based on Marriage or 5 year residency ? , I am guessing it is based on 5year residency. So doesn’t the Oct 07 to Oct08 08 trip break continuous residency ?

Or I am missing something….
 
tomja1234 said:
Was the N400 application based on Marriage or 5 year residency ? , I am guessing it is based on 5year residency. So doesn’t the Oct 07 to Oct08 08 trip break continuous residency ?

Or I am missing something….
Click to expand...

It's not an automatic break as is was under the 365 day threshold. It's a presumed break where the applicant is given a chance to prove otherwise.
 
Thanks all for your input.

Nelsonyiga...my behaviour was very professional and poissed, I am usually a calm person just got rattled and frustrated by the IO's attitude, he didnt let me "present" anything, seemed like he had his mind made up before the interview. Of course I did not let my frustration show during the interview but once I got here I guess a vented a bit :-)
I do appreciate positive energy though!

Auscal...it is not a big coincidence..it is a HUGE coincidence specially since it happened twice, I totally understand that but it is what it is, I was given the fit to fly 1 week to 10 days prior to arrival so I booked the first available flights. I wish it was different and am well aware of how it looks, that is why I expected to be able to explain during interview and show that I planned everything to return sooner but was not allowed to do so by doctors. Unfortunately the IO barely looked at the papers.

Bobsmyth, thanks for the time frame.

Havent heard anything yet, nor that I expected to so soon. Anyone has any further info on appeals?
Thanks all!!
 
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