N-400 denied - Appeal

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manjunathjaya

Registered Users (C)
My wifes N-400 has been denied because one of her trips to India was about 10months - even though we have provided all the required documents like tax returns, rent receipts, pay checks etc. Now we are filing an Appeal against the decision with the help of a local attorney. I was told it takes around 9 months to get a decision on the Appeal.

Now, if we want to go to India for an extended period of time (say 7 months) can we file for a Re-entry Permit ? Will this have a negative effect on the Appeal ?
 
Sorry to hear about your wife's application being denied. I think a future trip of more than 6 months abroad will probably weaken your case in the appeal process.

Did the person who interviewed your wife give any indication that the application will be denied? Did the interviewer tell your wife as to why he or she was not convinced of the proof you provided in support of your application and that your wife had maintained her residence during her absence? Just curious.
 
Sorry to know about your wife's citizenship denial.
If you don't mind , can you tell me if she had taken Re-entry permit the first time she went to India for 10 months?

-Rajesh
 
Technically, am LPR leaving the U.S. in excess of 180 days (6 months) may be considered of having "abondened her residency status" here, unless s/he can prove otherwise.

If you're planing on leaving again for 7 months, I would not appeal, as that could even endanger her LPR status (BICS will most likely argue that s/he is in fact abondoning her status and that she's inadmissiable.
 
This is not about abandoned residency

I don't think this is about abandoned residency. That would result in loosing the Resident Status (revokation of GC).

I think the reason is the TOTAL days for her being outside of the US. One time 10 month trip (does not EDITED) does break the contiguous residence requirement (for US Citizenship purposes).
Residence requirement for not loosing the GC and for obtaining the citizenship are different.

Your plan to go ouside of US will definitelly not help you and your wife needs to decide between lengthy trips abroad or US Citizenship.
 
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May I ask your wife went to india for 10 month before she submiting her N-400 or after. I left for 11 months 2 years after I submit my N-400 (Yes, it take them 5 years to schedule me an interview). Don't know if that is a problem.
 
2 years is a ridiculous time for scheduling an interview. Clearly somethings amiss - maybe notices have been missed due to incorrect address and the case has been denied.

Any absences for > 6 months but < 1 year does not affect the GC but does affect the naturalizatin process - BCIS assumes continuous residence is broken unless proven otherwise. Failure to prove this could mostly result in denial of the application.
 
Will there be a problem?

Hi there, because of the family affairs, my friend wants to be out of US after fingerprinting and before interview. During this interval, he will be in and out 2 to 3 times and may spend 3 to 4 months each trip. If so, does it cause any trouble to his naturalization? Can anyone share your opinion on this question of absence? Thanks.
 
Should not be a problem. But he needs to make sure somebody checks his mail for him and does not miss the interview.
 
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