N-400 interview denial plzz help

N

nidhin0006

Registered Users (C)
I have applied for naturalization and i got it rejected yesterday saying that I didnot meet the 5 year continous residence. I had made a trip outside us for 1yr and 2 mnths with a reentry permit and I had seen in the uscis website that I could apply at 4 yr and 1 day after the return from long trip. But the uscis officer says still i have to have 5 yr residency. Does this means that that 4yr and 1 day rule only applies for people who posses N-470 (preservation of residence)!!!... totally disappointed with the result...plzz help. ... the dates i entered us is 10 april 2006 ( i for green card on that date). these are the dates i went outside us
7/2/2011 - 7/6/2011
5/16/2011 - 6/5/2011
7/19/2008 - 8/28/2008
5/12/2006 - 7/9/2007

Can anyone help me figure out when can i apply for citizenship again

Below is a quotation from uscis website regarding 4yr and 1 day rule.

"(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § 316.5(d) , absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2(a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the da te of the applicant's return to the United States to resume permanent residence. (Amended 9/24/93; 58 FR 49913)
"
 
Check your math!

nidhin0006 said:
I have applied for naturalization and i got it rejected yesterday saying that I didnot meet the 5 year continous residence. I had made a trip outside us for 1yr and 2 mnths with a reentry permit and I had seen in the uscis website that I could apply at 4 yr and 1 day after the return from long trip. But the uscis officer says still i have to have 5 yr residency. Does this means that that 4yr and 1 day rule only applies for people who posses N-470 (preservation of residence)!!!... totally disappointed with the result...plzz help. ... the dates i entered us is 10 april 2006 ( i for green card on that date). these are the dates i went outside us
7/2/2011 - 7/6/2011
5/16/2011 - 6/5/2011
7/19/2008 - 8/28/2008
5/12/2006 - 7/9/2007

Can anyone help me figure out when can i apply for citizenship again

Below is a quotation from uscis website regarding 4yr and 1 day rule.

"(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § 316.5(d) , absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2(a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the da te of the applicant's return to the United States to resume permanent residence. (Amended 9/24/93; 58 FR 49913)
"
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4/10/2006 + 5 years = 4/11/2011 would have been the first day it was safe to file an N-400 with a FULL 5 years as an LPR under INA 316(a) IF you had not disrupted continuity of residence for naturalization purposes. In addition, IF you had NOT disrupted residence then you could have potentially filed 3 months before that.

However, you DID break continuity of residence. That break did NOT start the clock over from scratch. You can use the 4 yr and 1 day remedy.

Your LONG trip ended on: 7/09/2007 + 4 years and 1 day = 7/10/2011 was the day the remedial waiting period ended under 8 CFR 316.5(c)(1)(ii) and it was safe to file an N-400 AFTER that date, i.e. July 11, 2011 or later.

The answer you question: It means that someone cannot perform a simple math problem or explain the situation well. Today is October 20, 2011, you have reached your initial remedial filing date and passed it. Did you get your N-400 rejected from the Lockbox or was it an actual N-400 Denial Notice? When did you file the N-400 if in fact it was filed? What is the date on the receipt notice if there is a notice?
 
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I filed the N-400 on july 18th 2011 which is after the 7/10/2011. but that officer was telling me that i have not met the 5yr continous residence requirement when i explained the 4yr and 1 day rule. and he was asking me if i had a N-470 form . I dont have an N-470. i only have reentry permit. Does the 4yr 1 day rule applies only to guys who have preserved their continous residence by having N-470 form filed when they had taken a long trip?...plzz advice....


BigJoe5 said:
4/10/2006 + 5 years = 4/11/2011 would have been the first day it was safe to file an N-400 with a FULL 5 years as an LPR under INA 316(a) IF you had not disrupted continuity of residence for naturalization purposes. In addition, IF you had NOT disrupted residence then you could have potentially filed 3 months before that.

However, you DID break continuity of residence. That break did NOT start the clock over from scratch. You can use the 4 yr and 1 day remedy.

Your LONG trip ended on: 7/09/2007 + 4 years and 1 day = 7/10/2011 was the day the remedial waiting period ended under 8 CFR 316.5(c)(1)(ii) and it was safe to file an N-400 AFTER that date, i.e. July 11, 2011 or later.

The answer you question: It means that someone cannot perform a simple math problem or explain the situation well. Today is October 20, 2011, you have reached your initial remedial filing date and passed it. Did you get your N-400 rejected from the Lockbox or was it an actual N-400 Denial Notice? When did you file the N-400 if in fact it was filed? What is the date on the receipt notice if there is a notice?
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Don't take it as the last word.

The 4 yr and 1 day rule and the N-470 are two completely different things. You dealt with someone not well versed in the intricacies involved. The "recommendation" will not stand up to scrutiny by a senior officer.
 
You left the US about one month after getting your green card, and then stayed abroad for 14 months. They may have concluded that you didn't establish residence before leaving on that long trip.

Anyway, wait for the denial letter to arrive or not arrive. A verbal indication of denial at the interview doesn't mean the denial will become official.
 
Thanks Joe. This is what really confuses me. this is a quote from m476 form

In most cases, you must be a Permanent
Resident for a certain number of years
before you may apply for naturalization.
But, it is not enough to be a Permanent
Resident for the required number of years;
you must also be in “continuous residence”
during that time.

Continuous Residence
“Continuous residence” means that you
have not left the United States for a long
period of time. If you leave the United
States for too long, you may interrupt
your continuous residence

But I have broken the continuous residence right?.

and this is an example m476 gives for continous residence example, Does this apply, since I broke continous residence.

“Continuous Residence” Example
• An applicant became a Permanent Resident on January 1, 1994.

• She lived in the United States for 3 years, then returned to her native country for 1 year and 3
months.
• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent
Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364
days the applicant was out of the United States count toward her time as a Permanent
Resident in “continuous residence,” but the 3 years in the United States before leaving do
not.


really confused!!...sorry for bothering you a lot...i am tensed a lot...that is why...thanks for your help


BigJoe5 said:
The 4 yr and 1 day rule and the N-470 are two completely different things. You dealt with someone not well versed in the intricacies involved. The "recommendation" will not stand up to scrutiny by a senior officer.
Click to expand...
 
You are not alone

Many people are confused by the differences between various similar requirements.

There is a basic period as an LPR. This is a basic prerequisite that must be met before filing and must continue. This one underlies the next two.

There a "physical presence" requirement of at least 1/2 of the required LPR status time during the "statutory period". A statutory period is generally either 3 or 5 years. This is a filing prerequisite ONLY and the counting stops upon filing an N-400. This is counted backward from the N-400 filing date,.

There is a "continuous residence" requirement. This one is BOTH a prerequisite and must be maintained all the way to Oath. This one is influenced but not controlled by the previous requirement.

Physical presence and continuous residence are not the same things but since they are similar, people get confused.

Almost everything has exceptions and special circumstances that will apply to just a very few people. Many unqualified people ask for things they do not qualify for and some who do qualify for an exception don't ever know about the exception.

Is that as clear as mud?
 
Thanks joe. i understand what you mentioned abt the physical presense and continous residence. my question was if I broke continuous residence how will i be satisfying that criteria "you must also be in “continuous residence”", inorder to apply for naturalization. i am not sure how i can prove that i have continous residence for 5 yrs!! ..am i confused... inshort what you are saying is i am eligile to apply and can appeal if they deny the petition correct?


BigJoe5 said:
Many people are confused by the differences between various similar requirements.

There is a basic period as an LPR. This is a basic prerequisite that must be met before filing and must continue. This one underlies the next two.

There a "physical presence" requirement of at least 1/2 of the required LPR status time during the "statutory period". A statutory period is generally either 3 or 5 years. This is a filing prerequisite ONLY and the counting stops upon filing an N-400. This is counted backward from the N-400 filing date,.

There is a "continuous residence" requirement. This one is BOTH a prerequisite and must be maintained all the way to Oath. This one is influenced but not controlled by the previous requirement.

Physical presence and continuous residence are not the same things but since they are similar, people get confused.

Almost everything has exceptions and special circumstances that will apply to just a very few people. Many unqualified people ask for things they do not qualify for and some who do qualify for an exception don't ever know about the exception.

Is that as clear as mud?
Click to expand...
 
You are right. You are confused.

nidhin0006 said:
Thanks joe. i understand what you mentioned abt the physical presense and continous residence. my question was if I broke continuous residence how will i be satisfying that criteria "you must also be in “continuous residence”", inorder to apply for naturalization. i am not sure how i can prove that i have continous residence for 5 yrs!! ..am i confused... inshort what you are saying is i am eligile to apply and can appeal if they deny the petition correct?
Click to expand...

8 CFR § 316.5 Residence in the United States.

(a) General. Unless otherwise specified, for purposes of this chapter, including §316.2 (a)(3), (a)(5), and (a)(6), an alien's residence is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.

The above is applicable to everybody!
*****
(b) Residences in specific cases —
*****This next part provides context*****
(5) Residence during absences of less than one year. (i) An applicant's residence during any absence of less than one year shall continue to be the State or Service district where the applicant last resided at the time of the applicant's departure abroad.

(ii) Return to the United States. If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in §316.2(a)(5) when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service district other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.

*****This next part is directly applicable to YOUR Situation*****


(c) Disruption of continuity of residence —(1) Absence from the United States —

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
 
Thanks.. yesterday night I saw an update in the case status on uscis website that, they have sent me a mail requesting for evidence to evaluate my eligibility. this gives a little bit more hope that they have still not denied my petition. i have still not received the paper yet... i am curious to know what they are requesting and will it be helpful or will they be asking just for formality before denying!!...any suggetions??...



BigJoe5 said:

8 CFR § 316.5 Residence in the United States.

(a) General. Unless otherwise specified, for purposes of this chapter, including §316.2 (a)(3), (a)(5), and (a)(6), an alien's residence is the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent, and the duration of an alien's residence in a particular location is measured from the moment the alien first establishes residence in that location.

The above is applicable to everybody!
*****
(b) Residences in specific cases —
*****This next part provides context*****
(5) Residence during absences of less than one year. (i) An applicant's residence during any absence of less than one year shall continue to be the State or Service district where the applicant last resided at the time of the applicant's departure abroad.

(ii) Return to the United States. If, upon returning to the United States, an applicant returns to the State or Service district where the applicant last resided, the applicant will have complied with the continuous residence requirement specified in §316.2(a)(5) when at least three months have elapsed, including any part of the applicant's absence, from the date on which the applicant first established that residence. If the applicant establishes residence in a State or Service district other than the one in which he or she last resided, the applicant must complete three months at that new residence to be eligible for naturalization.

*****This next part is directly applicable to YOUR Situation*****


(c) Disruption of continuity of residence —(1) Absence from the United States —

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
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No I have not specified that in my application since i didnt have a column in that application where I can write that... but during my interview I told him that I am applying based on this and it seems like he was not experienced enough to know this rule!!!...he told me that he was in the job only for 1 yr and half. so do you think it will get approved.. do you have any idea what they will be requesting for...what evidence...I am lil worried thts y i could nt even wait until i get the letter...sorry for that..:)

Bobsmyth said:
Did you specify on your application that you are applying under the remedy of 8 CFR 316.5(c)(1)(ii)? Unless you specify this, the IO may not automatically take it into consideration.
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nidhin0006 said:
Thanks..any idea what would they be asking for evidence!!!..tensed..
Click to expand...

Probably some evidence of establishing residence in April/May 2006.

Note that the 4 year + 1 day rule has the wording "resume permanent residence". To resume something implies you must have commenced it in the first place. If that 1 month you spent in the US between initial arrival in the US and departure on that 14 month trip is classified as just a visit and not establishing residence, then you wouldn't have resumed residence in July 2007 because you never established it before the long trip. Others on this forum who left on a long trip shortly after GC approval have been denied for that reason.

With the 5 years minus 90 days rule, you would become eligible to apply in April 2012 (i.e. 5 years from July 2007 = July 2012, minus 90 days).
 
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Continuous residence

Hi nidhin0006,

Just curious. How long were you in the US as a permanent resident before you took the re-entry permit and long trip?

Worst case scenario, April 2012 is not that far off, but I hope the senior IO re-looks your case again.

Best of Luck!
 
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