need help please N400 denied

A

andrea4prez

Registered Users (C)
my N400 was denied last November 21 and I was not informed until yesterday via infopass. I told them I didnt receive the letter and they said it was not returned to them. so now they told me i could not appeal because its past 30 days. I dont even know the reason I was denied but im almost sure that's because I lack some time here in this country.They told me I can reapply and pay fees again. Then they told me, they can open my case but it will take another 30-45 days so they suggested again and again to reapply. They gave me the paperwork and told me to apply as early as today.
Here's my situation:
I got my GC last July 12, 2002 but broke continous residency requirements because I was in college. I came back for good last APRIL 17,2004 and left the country 3 times. 2005- 32 DAYS, 2007 - 24 DAYS, 2008- 24 days. On April 17, 2009 - I would have stayed in this country for a total of 4 years and about 10months or more, that's minus the 80 days total that I was gone in the span of year 2004- 2009. Can I really reapply and will my Fingerprints still be valid if they took it March 5, 2008? Thank you very much for the help!
 
to add I passed the civics test when i was interviewed last 10/15/08 they just want me to send evidence of my ties here..now i am armed with all my tax returns for 2004, 2005, 2006,2007, 2008 to send to them if i reapply today or tomorrow or whenever.
 
I assume you applied in 2008? So they would look as far back as 2003 to evaluate continuous residence. It appears that you had some extended travel where you spent nearly the whole year outside the country in 2003 and/or 2004? If yes, that must have been the basis for the denial, and you would have a better chance reapplying than appealing.
 
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Sorry you went through this,, I was once denied for the same reason. I have reapplied since, but I made sure not to break any continous stay this time around.

If I was you I would NOT try to reopen that case it is clear they made a descision and will not take it back instead spend your money and efforts in reapplying. On the fingerprint question it makes no difference in regards to paying the fee there is no choice YOU HAVE TO PAY IT ( sorry ) they will decide if they want to fingerprint you again or not depending on the time length.
 
Here the OP's timeline put together from previous posts:

July 2002 Got GC
August 2002-April 2003 Out of US for 8 months (presumed break in continuous residency)
April 2003- May 2003 In US
May 2003-April 2004 Out of US for 11 months (presumed break in continuous residency)
April 2004 in US with no more breaks in continuous residency

Applied for Naturalization Feb 2008
Application denied Nov 2008, could not overcome presumption on break of continuous residency


So, what this shows is that it's not a good idea to leave US more than 6 months soon after receiving GC, even if it is for foreign schooling.

The OP can reapply immediately (based on filing up to 90 days earlier) as she hasn't broken continuous residency since April 2004. An appeal would be a waste of time and money at this point. They might make you redo FP, depending on if they consolidate the previous FP with your new file or not.
 
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thanks jack

yes for 2002 and 2003..but ever since i came here last april 2004, i didnt leave the country for more than 1 month..i left in 2005 for a month, 2007- 24 days 2008 - 24 days too.. i just filled up my new N400 and im planning to mail later. do i put I HAVE BEEN A LAWFUL PERMANENT RESIDENT OF THE UNITED STATES FOR AT LEAST FIVE YEARS on my eligibility on the form or others?

Jackolantern said:
I assume you applied in 2008? So they would look as far back as 2003 to evaluate continuous residence. It appears that you had some extended travel where you spent nearly the whole year outside the country in 2003 and/or 2004? If yes, that must have been the basis for the denial, and you would have a better chance reapplying than appealing.
Click to expand...
 
andrea4prez said:
do i put I HAVE BEEN A LAWFUL PERMANENT RESIDENT OF THE UNITED STATES FOR AT LEAST FIVE YEARS on my eligibility on the form or others?
Click to expand...

Yes, you would check off the box that says you have been an LPR for at least 5 years. You got your GC in 2002, so you've been LPR for over 6 years now.
 
andrea4prez said:
I got my GC last July 12, 2002 but broke continous residency requirements because I was in college. I came back for good last APRIL 17,2004 and left the country 3 times. 2005- 32 DAYS, 2007 - 24 DAYS, 2008- 24 days. On April 17, 2009 - I would have stayed in this country for a total of 4 years and about 10months or more, that's minus the 80 days total that I was gone in the span of year 2004- 2009. Can I really reapply and will my Fingerprints still be valid if they took it March 5, 2008? Thank you very much for the help!
Click to expand...

You can reapply now. (Regular 5 year rule says you can apply 90 days before the 5th anniversary date, April 17, 2009. 4 years + 1 day rule makes you eligible to re-apply April 18, 2008 - looks like last time you applied just before?) Fingerprints will still be valid, but will no longer be valid around June 2009. You'll get a fingerprint notice then and not immediately after you submit the application. Good luck.
 
thanks bob!! you got my situation so right...i didnt even contest the appeal part anymore, i know its useless.... i just hope i wont be waiting too long anymore..my FP took them 7months just for me to get an interview before...i thought FP records stay for 15 months...
Bobsmyth said:
Here the OP's timeline put together from previous posts:

July 2002 Got GC
August 2002-April 2003 Out of US for 8 months (presumed break in continuous residency)
April 2003- May 2003 In US
May 2003-April 2004 Out of US for 11 months (presumed break in continuous residency)
April 2004 in US with no more breaks in continuous residency

Applied for Naturalization Feb 2008
Application denied Nov 2008, could not overcome presumption on break of continuous residency


So, what this shows is that it's not a good idea to leave US more than 6 months soon after receiving GC, even if it is for foreign schooling.

The OP can reapply immediately (based on filing up to 90 days earlier) as she hasn't broken continuous residency since April 2004. An appeal would be a waste of time and money at this point. They might make you redo FP, depending on if they consolidate the previous FP with your new file or not.
Click to expand...
 
THANKS!!!!! i should have applied april but i was told by a lawyer, i can do it feb.
sh1996 said:
You can reapply now. (Regular 5 year rule says you can apply 90 days before the 5th anniversary date, April 17, 2009. 4 years + 1 day rule makes you eligible to re-apply April 18, 2008 - looks like last time you applied just before?) Fingerprints will still be valid, but will no longer be valid around June 2009. You'll get a fingerprint notice then and not immediately after you submit the application. Good luck.
Click to expand...
 
im sorry too...i was so stressed in getting my citizenship so that i can get my husband here that i even had a miscarriage over it...sorry to bug you guys and i really appreciate all the help..im sending my n400 later and pay again...i have to do what i have to do, right?

hoping in 2009 said:
Sorry you went through this,, I was once denied for the same reason. I have reapplied since, but I made sure not to break any continous stay this time around.

If I was you I would NOT try to reopen that case it is clear they made a descision and will not take it back instead spend your money and efforts in reapplying. On the fingerprint question it makes no difference in regards to paying the fee there is no choice YOU HAVE TO PAY IT ( sorry ) they will decide if they want to fingerprint you again or not depending on the time length.
Click to expand...
 
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