N-400 Application Denied - 10 month Absence from the US

Dothraki

New Member
Hello,

I am hoping someone will be able to help me.....

My mother's application for naturalization was recently denied, and I am unsure of what to do next. The reason her application was denied was because she was out of the US for a 10 month period during her residency. The details are as follows:

- She got her green card in Feb 2012 through her son.
- She applied for naturalization in May 2017.
- She appeared for her interview in June 2018.
- During her residency, she made several trips out of the US, for a few weeks.
- But there was a trip she took out of the country for 10 months, between 2012 and 2013.
- On the day of her interview, she passed all required tests, but the officer said a final decision could not be made because they would require some more information from her.
- Specifically, she was absent from the US from April 2012 until February 2013.
- They requested documents showing that her residency was not "disrupted" during her absence. eg, lease, utility bill etc, also that she did not receive any benefits or income during this period.
- She responded to the request explaining that she was away because she had some matter to attend to in her country that required her presence there. She also submitted letters from SSA saying she didn't receive any benefits, or income during this period.
- She also wrote a letter explaining that at the time she received her green card, she was already retired, and as such, was living with her son, who was responsible for her upkeep. So, she did not have any leases, or utility bills in her name. Her son was financially responsible for her upkeep.
- After a review, her application for naturalization was denied, because as they said, she did not provide any proof that her residency was not disrupted.
- The denial letter says has 30 days within which to request a hearing on the decision.

My questions are:

1. Is it worth requesting a hearing on the matter (the form costs $700)? She wants to go for the hearing because she believes she can explain to them that though she was out for 10 months, her residency was not disrupted because, amongst other things, her cell phone number never changed (she's had the same number from 2012 till date), her son continued to pay the bill, although she was under his family plan. She also feels she can explain that she did not have a lease, or a utility bill because she lived with her son, and continues to do so today.

2. My other question is, if she decides not to file for a hearing, how soon can she reapply for naturalization? Is there a specified wait period between applications? And what will be her chances on a new application? She is 73 years old.

Thank You.
 
Hello,

I am hoping someone will be able to help me.....

My mother's application for naturalization was recently denied, and I am unsure of what to do next. The reason her application was denied was because she was out of the US for a 10 month period during her residency. The details are as follows:

- She got her green card in Feb 2012 through her son.
- She applied for naturalization in May 2017.
- She appeared for her interview in June 2018.
- During her residency, she made several trips out of the US, for a few weeks.
- But there was a trip she took out of the country for 10 months, between 2012 and 2013.
- On the day of her interview, she passed all required tests, but the officer said a final decision could not be made because they would require some more information from her.
- Specifically, she was absent from the US from April 2012 until February 2013.
- They requested documents showing that her residency was not "disrupted" during her absence. eg, lease, utility bill etc, also that she did not receive any benefits or income during this period.
- She responded to the request explaining that she was away because she had some matter to attend to in her country that required her presence there. She also submitted letters from SSA saying she didn't receive any benefits, or income during this period.
- She also wrote a letter explaining that at the time she received her green card, she was already retired, and as such, was living with her son, who was responsible for her upkeep. So, she did not have any leases, or utility bills in her name. Her son was financially responsible for her upkeep.
- After a review, her application for naturalization was denied, because as they said, she did not provide any proof that her residency was not disrupted.
- The denial letter says has 30 days within which to request a hearing on the decision.

My questions are:

1. Is it worth requesting a hearing on the matter (the form costs $700)? She wants to go for the hearing because she believes she can explain to them that though she was out for 10 months, her residency was not disrupted because, amongst other things, her cell phone number never changed (she's had the same number from 2012 till date), her son continued to pay the bill, although she was under his family plan. She also feels she can explain that she did not have a lease, or a utility bill because she lived with her son, and continues to do so today.

2. My other question is, if she decides not to file for a hearing, how soon can she reapply for naturalization? Is there a specified wait period between applications? And what will be her chances on a new application? She is 73 years old.

Thank You.
Better off just re applying

Received gc in feb
Left in April for 10 months
She shouldve gotten a re entry permit to demonstrate she didnt intend to interrupt her residency. Anyways water under the bridge.

If she re applies now from feb 2013 to now is well over 5 years. She should be fine with residency requirements.

You guys can look into getting the fee waived . If she can prove hardship. Ive known a few people that got it done.
 
Your mom’s residency clock started in February 2013 when she returned, so she was not eligible for citizenship when she applied. Her petition was justifiably denied. Filing for a hearing will be throwing money away. If she hasn’t had any other long trip (6 months and above) since February 2013, she’s now eligible, so filing a new petition is her best bet.
 
Just a note that a re-entry permit protects your green card but it does not protect against breaking the continuous residence requirement, so it wouldn’t have helped (or been needed even with an absence less than a year).

As others have noted, by now she’s met the requirement so just apply again.

By the way, which FO did she apply through - that was a fairly long wait from application to interview?
 
Many thanks for the responses. Yes, it looks like it would be best to reapply.

@SusieQQQ , yes it was a very long wait for the interview - over a year. FO was Denver.
 
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