Naturalization denied because of Continuous Residency

G

genc

New Member
Hi,

I have a question regarding naturalization:

Green Card via Lottery on April, 11th 2011
Came in U.S. on April, 2011 and stayed for 3 months
Left USA on July and stayed until 1st February 2012
Applied for naturalization on January 11th 2016 and on September USCIS denied my case because I overstayed in 2011 for almost 7 months and did not have filed taxed for that year.

My question is, can I reapply on 4 year and one day rule or can I apply on November 3rd as a 90 days rule for 1st February 2017?

I did not left USA after February 1st 2012 more than 6 months.

Thank you!
 
There is some debate about whether the 4 year and one day rule applies to absences of less than one year. The literal reading seems to say that it does not, but there is some evidence that it does.
 
newacct said:
There is some debate about whether the 4 year and one day rule applies to absences of less than one year. The literal reading seems to say that it does not, but there is some evidence that it does.
Click to expand...

So, you think I should wait until November to reapply?
 
If you are applying under the 4 year and one day rule, you don't get to apply 90 days in advance!
 
C R S said:
If you are applying under the 4 year and one day rule, you don't get to apply 90 days in advance!
Click to expand...
No, they are asking whether to apply under the 4 year and one day rule (which they already satisfied in February of this year) or under the 5 year rule (which they can apply 90 days early in November).
 
Thanks, newacct, I was off by one year!

I would wait till November and apply under the 5 year rule and benefit from being able to apply 90 days sooner. There is a slight chance that an application under the 4 year and 1 day rule would be rejected. An appeal, even if it is eventually successful, wouldn't be worth the hassle, in my opinion.
 
I am curious to find out more about your case as I am in a similar situation. I also got my greencard in April 2011 (lottery), came in to US in 2011, stayed for 10 days - left. Came to US again in Oct 2011 to submit re-entry permit application - stayed for 5 days and left. Came again in December 2011 to get fingerprinted for the re-entry permit and left in 10 days. Then came in June 2012 for 3 weeks and left. Finally came back to the US in November 2012 for good and have never left since (apart from a 2 week vacation).
Should I apply under the 4 year and one day rule - this is actually this month or wait more time? I filed US federal taxes while away with a green card in 2011 and 2o12 but I also worked abroad so that is there. Would this be a problem?
 
Same here.
GC on Feb 2012 stayed for 2 weeks, left home.
Returned in September 2012 - absence of 199 days
The only difference that my spouse stayed in US, however I believe that in tax return for 2012 I hadn't claimed any US income.
Now thinking should I risk the fee and submit n400 now or should I wait another half year.
In case if try to appeal on 4year+1day rule, will I have to pay the six hundred dollar fee again?
 
Natalie77 said:
Same here.
GC on Feb 2012 stayed for 2 weeks, left home.
Returned in September 2012 - absence of 199 days
The only difference that my spouse stayed in US, however I believe that in tax return for 2012 I hadn't claimed any US income.
Now thinking should I risk the fee and submit n400 now or should I wait another half year.
In case if try to appeal on 4year+1day rule, will I have to pay the six hundred dollar fee again?
Click to expand...


I did not reapply under 4 year rule. I waited until November 3rd - 3 months prior to 5 years and now I just did my fingerprints. My status is now waiting on line for scheduling an interview. Will keep you posted once I get the interview. Good luck to all.
 
Zurich_girl said:
I am curious to find out more about your case as I am in a similar situation. I also got my greencard in April 2011 (lottery), came in to US in 2011, stayed for 10 days - left. Came to US again in Oct 2011 to submit re-entry permit application - stayed for 5 days and left. Came again in December 2011 to get fingerprinted for the re-entry permit and left in 10 days. Then came in June 2012 for 3 weeks and left. Finally came back to the US in November 2012 for good and have never left since (apart from a 2 week vacation).
Should I apply under the 4 year and one day rule - this is actually this month or wait more time? I filed US federal taxes while away with a green card in 2011 and 2o12 but I also worked abroad so that is there. Would this be a problem?
Click to expand...


I did not reapply under 4 year rule. I waited until November 3rd - 3 months prior to 5 years and now I just did my fingerprints. My status is now waiting on line for scheduling an interview. Will keep you posted once I get the interview. Good luck to all.
 
genc said:
I did not reapply under 4 year rule. I waited until November 3rd - 3 months prior to 5 years and now I just did my fingerprints. My status is now waiting on line for scheduling an interview. Will keep you posted once I get the interview. Good luck to all.
Click to expand...

Best of luck on your application
 
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