n400 denied URGENT HELP NEEDED

S

sherbym

Registered Users (C)
hi,
my parents are sr citizens and had their interview 2 weeks ago.

my fathers case has just been denied...and i have no clue why. he passed the test/interview and was said congrats u have passed.

my mothers case went for further review.

what can i do next. can anyone help plz?
any lawyers willing to help. thanks
 
sherbym said:
hi,
my parents are sr citizens and had their interview 2 weeks ago.

my fathers case has just been denied...and i have no clue why. he passed the test/interview and was said congrats u have passed.

my mothers case went for further review.

what can i do next. can anyone help plz?
any lawyers willing to help. thanks
Click to expand...

Give more information so that the forum vets can answer your questions... Ive gotten alot of my questions answered on this forum.
 
thanks...this is what the email update said. waiting for the letter and actual reason....
so stressed!
 
Relax, wait for the letter so you can get an advice, whatever the reason might be prepare yourself to file form N-336 in the meantime as that may be your only choice to appeal the decision.
 
ok. so we finally got the denial letter for dad (dated jun 28). moms case has still not been updated on the website.

reason for denial is being out of country for more than 6 months. there was a trip in between where they were out of US.

explanation = they drove out of US via buffalo to toronto to catch an intl flight. on way back to the US they had to stay in toronto due to health reasons so we decided to drive down from toronto to buffalo so the 6 months period of being out of US is not exceeded. went in the morning to buffalo and back to toronto that same evening. since road trips are not recorded on the passport denial reason was given that they dont have any record of entry on the day mentioned.

now what, can anyone help/suggest if its even worth going for an appeal. dad (a sr citizen) is unwell but got medicaid and is undergoing treatment for cancer. kids are in US hence the whole reason of wanting to be here. So my question is do they need citizenship, or should they just stay on with green cards?

what i dont understand is that they dont have any record of road travel between us/canada. if they are taking my word that i left US on a certain date, why dont they accept that i entered on so and so date.... :(
 
If they only entered the US for less than a single day, it doesn't change the fact that continuous residence was deemed broken.
 
sherbym said:
now what, can anyone help/suggest if its even worth going for an appeal. dad (a sr citizen) is unwell but got medicaid and is undergoing treatment for cancer.(
Click to expand...

Entering the US for less than 24 hours does not reset continuous residency clock.Whether to appeal depends on what US residency ties evidence he has.
 
Bobsmyth said:
Entering the US for less than 24 hours does not reset continuous residency clock.Whether to appeal depends on what US residency ties evidence he has.
Click to expand...

what sort of evidence can be shown? he is staying at his daughters home and is undergoing treatment here. what else can we show?
thanks
 
What were his ties to the US during that long trip to Canada? Did he rent or own a US home while gone? Did he keep US bank accounts? Did he file a US tax return while abroad? How long and frequent were the trips to Canada and elsewhere? When was the end of the last long trip?
 
Jackolantern said:
What were his ties to the US during that long trip to Canada? Did he rent or own a US home while gone? Did he keep US bank accounts? Did he file a US tax return while abroad? How long and frequent were the trips to Canada and elsewhere? When was the end of the last long trip?
Click to expand...

the address shown on record is his daughters. so nothing in his name. since he's unwell and a sr citizen he does not work. no income hence no bank account, therefore no tax returns either. last trip ended jun 2011 (they were gone 2-3 months). (most of the trips have been for medical reasons since there was no coverage in US.

btw, does an overnight trip to buffalo constitute as a day in US. i'm asking because there was a 2010 road trip hence passports were not stamped. and also, the day trip to buffalo which u said does not count was in 2007. does it mean the residency clock starts again from 2007?
 
Please recite the explanation as it is in the Denial Notice. People are getting confused on the facts (probably because you have neglected to include any).

As I understand it, dad was driven to the airport in Toronto for an International Flight? The slight delay and stay across the border is extraneous information.

Where did they go for "over six months"?

Is that merely one segment in a pattern?

Spell it out....... What are the pertinent facts in the denial?

What's the URGENCY?

What pertinent facts are being purposely omitted from your posts?


Senior citizen, on medicaid...makes me wonder if SSI is an issue for them? Is it?
 
Last edited by a moderator:
sorry! maybe i should have started a new thread. the case isnt urgent anymore. it was urgent when i found out about the denial and started this thread a month back! Now i just want some advise on what to do.

Parents have residency in atlanta but they take the intl flight to abu dhabi via toronto (my sister lives there and its cost effective). so they fly domestic to buffalo and drive to Toronto.

The denial notice says that one trip was over 6 months and hence citizenship has been denied. It does mention also that they travel a lot, which they do for medical reasons as they did not have any coverage in US. Every year they go for about 2-3 months.

The trip that is causing the problem is because he had to be hospitalized. It was a very stressful and tiring trip for both mom/dad. On the way back they stopped in Toronto for some rest at my sisters. We thought a day trip to buffalo would count as an entry to the US and not reset the residency clock.

I hope this clears things for u @bigjoe5.
sr citizen on medicaid yes....SSI-havent gotten to it yet. have just started my fathers treatment so busy running around for that. however the social worker has advised that we should apply for SSI.
 
You must log in or register to reply here.
Top