When can i reapply if N 400 app is denied

G

gmatid007

Registered Users (C)
Hi,
When can I reapply if my N-400 application is denied due to lack of continuous residence.

I have a trip outside of US for more than six months but less than 1 year. I am ready to apply for Naturalization. Just in case, IO is not convinced that I did not break my continuous residence and denies my application - when can I apply again? As soon as I meet continuous residence requirements or do I have to wait for another 5 years from the date of denial.

Can I be deported if my naturalization application is denied?

Help appreciated.
 
you can apply 4 years and 1 day after the date on which you returned from the trip that broke your continuous residence, provided that before that, you had already established residence here. You will most likely not be deported due to only an absence of between 6 months and 1 year unless there is something you'd like to tell us :) You might even be approved if you show that you maintained ties to the US during that time and that you didn't actually break your continuous residence. Give us more details.
 
here are more details on my entry/exit dates. I got permanent residency when I first landed in US on 08/08/2004.

exit entry # days outside US
9/10/2004 6/25/2006 653
8/4/2006 7/29/2007 359
2/26/2009 3/28/2009 30
3/12/2010 3/28/2010 16
9/10/2010 10/2/2010 22
2/11/2011 3/6/2011 23

My question is when is the best time for me to send my completed N400.
should i apply on 05/01/2011 under 4 years +1 day rule. (4 years from 07/29/2007, I can apply 90 days before - can I?)
or should i apply right now under 5 years rule (5 years from 6/25/2006, I can apply 90 days before)

Does the 4 yr +1 rule apply to periods outside of US for more than 6 months but less than 1 yr. 359 days in my case.

Help appreciated.
 
gmatid007 said:
here are more details on my entry/exit dates. I got permanent residency when I first landed in US on 08/08/2004.

exit entry # days outside US
9/10/2004 6/25/2006 653
8/4/2006 7/29/2007 359
2/26/2009 3/28/2009 30
3/12/2010 3/28/2010 16
9/10/2010 10/2/2010 22
2/11/2011 3/6/2011 23

My question is when is the best time for me to send my completed N400.
should i apply on 05/01/2011 under 4 years +1 day rule. (4 years from 07/29/2007, I can apply 90 days before - can I?)
Click to expand...

The 4yr+1 day rule cannot be combined with the 90 day rule. If you want to use the 4yr+1 day rule, the earliest you can apply is 07/31/2011.

or should i apply right now under 5 years rule (5 years from 6/25/2006, I can apply 90 days before)
Click to expand...

That depends on the particulars regarding you 8/4/2006-7/29/2007 trip. A trip over 6 months and below 1 year in duration is presumed to break continuous residency, but such a presumption may be overcome if you convince the IO conducting the interview that you kept close ties to the U.S. during the trip and that the trip did not break continuous residency.

What exactly was the reason for the trip? Did you keep a U.S. house/apartment during the trip? Did you take a job abroad during the trip? Did you have a significant U.S. source of income during the trip? Did you have some immediate/extended family members remain back in the U.S. during the trip? Did you resume the same job after returning to the U.S. as you had during the trip? Did you file federal income tax returns for 2006 and 2007? Etc. Ultimately the answers to these questions will be used by the IO to decide if the trip broke your continuous residency or not.
Does the 4 yr +1 rule apply to periods outside of US for more than 6 months but less than 1 yr. 359 days in my case.
Click to expand...
This is a controversial topic and you won't get a clear-cut unanimous answer here. Read the thread http://forums.immigration.com/showthread.php?322610-Citizenship-help-needed
and make up your own mind.
 
You can't combine 90 day rule with 4 year +1 day rule.In your case the earliest you can apply is 4 years +1 day after 7/29/2007.
 
To answer your original question ... if you are denied for breaking continuous residence because of that trip which ended on 7/29/2007, reapplying when it is at least 5 years minus 90 days after the end of that trip (early May 2012) would ensure that trip doesn't affect your eligibility any more.
 
Jackolantern said:
.. reapplying when it is at least 5 years minus 90 days after the end of that trip (early May 2012) would ensure that trip doesn't affect your eligibility any more.
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As would reapplying 4 years + 1 day after the end of that trip wouldn't make the trip affect eligibility. The key is to make sure to state on application that one is applying under 4 year + 1 day rule (and reference the rule) in order to get credit for the time spend outside the US that broke continuous residence in the first place.
 
Last edited by a moderator:
Thanks for all the replies.

I am thinking to apply for Naturalization right now and take my chances with the 8/4/2006-7/29/2007 trip. Worst case is that IO is not convinced and denies my application - then I can reapply in early May 2012 as at that time, it would be 5 years minus 90 days after the end of that trip (which broke my CR) and should be a clear cut case from then on.

My only concern is that how will my first application denial affect my second N-400 application. Also, can the case status still be pending by May 2012. what do i do then? Do I have the option to withdraw my petition or can I file a second one with first one being pending.

Any thoughts?
 
What exactly was the reason for the trip?
Click to expand...
Nothing specific.

Did you keep a U.S. house/apartment during the trip?
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Not on my name. I lived with my relatives prior to leaving US. My relatives continued to maintain their residence.

Did you take a job abroad during the trip?
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yes. but how would USCIS know whether I worked while I was outside US?

Did you have a significant U.S. source of income during the trip?
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No

Did you have some immediate/extended family members remain back in the U.S. during the trip?
Click to expand...
I had extended family members continue to live in US during that trip. None of my immediate family members have ever lived in US.

Did you resume the same job after returning to the U.S. as you had during the trip?
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I had no job when I left US. I got a new job shortly after I was back.

Did you file federal income tax returns for 2006 and 2007?
Click to expand...
No. I had no income in 2006 and 2007.

What are my chances of convincing the IO that i did not break continuous residency.
Also, what documents should I send with N400.
 
Bobsmyth said:
As would reapplying 4 years + 1 day after the end of that trip wouldn't make the trip affect eligibility.
Click to expand...

Applying at that time wouldn't affect theoretical eligibility, but would still make actual approval in reality more difficult due to USCIS inconsistency with the 4y+1d rule for trips under 1 year and their occasional insistence on requesting evidence of US ties during the long trip.
 
But after resuming residence on 7/29/2007, the OP has not made an overseas trip over a month. Inconsistency is for trips over 6 months and under 1 year. This is not the case after 7/29/2007. So the 4 years plus 1 day rule is applicable here.

Jackolantern said:
Applying at that time wouldn't affect theoretical eligibility, but would still make actual approval in reality more difficult due to USCIS inconsistency with the 4y+1d rule for trips under 1 year and their occasional insistence on requesting evidence of US ties during the long trip.
Click to expand...
 
Jackolantern said:
Applying at that time wouldn't affect theoretical eligibility, but would still make actual approval in reality more difficult due to USCIS inconsistency with the 4y+1d rule for trips under 1 year and their occasional insistence on requesting evidence of US ties during the long trip.
Click to expand...

Perhaps the inconsistencies are the result of the applicants not indicating (and citing rule) on application that they are applying under 4 year + 1 day rule.
 
gmatid007 said:
Thanks for all the replies.

I am thinking to apply for Naturalization right now and take my chances with the 8/4/2006-7/29/2007 trip. Worst case is that IO is not convinced and denies my application - then I can reapply in early May 2012 as at that time, it would be 5 years minus 90 days after the end of that trip (which broke my CR) and should be a clear cut case from then on.

My only concern is that how will my first application denial affect my second N-400 application. Also, can the case status still be pending by May 2012. what do i do then? Do I have the option to withdraw my petition or can I file a second one with first one being pending.

Any thoughts?
Click to expand...

If you apply now , your trip under 1 year will cause presumption in break of continuous residency unless you can prove otherwise. What evidence do you have to show that you didn't break continuous residence?
 
What evidence do you have to show that you didn't break continuous residence?
Click to expand...

What do I need? I really don't have much. I was thinking to send in my tax return transcripts for 2008,2009,2010. for 2006-07, i was planning to send the mortgage receipts for my relatives house where I lived during that time. though the receipts don't have my name anywhere.
 
gmatid007 said:
What do I need? I really don't have much. I was thinking to send in my tax return transcripts for 2008,2009,2010. for 2006-07, i was planning to send the mortgage receipts for my relatives house where I lived during that time. though the receipts don't have my name anywhere.
Click to expand...
You'll need a rental agreement/payments with your name on it for the time you were out of US to prove continuous residence. Also, utility bills (again with your name) as well as any other documents showing you didn't abandon residence. However, if you worked in your home county for a non US company during that time it's likely to be interpreted as you abandoned your US residence.

gmatid007 said:
Are you referring to Section 6, part A/B on N400? I thought it is only asking for residence and employment details within US during the last five years.
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The N-400 Instructions state to disclose even residences in other countries. The same can be assumed about employment history.

http://www.uscis.gov/files/form/n-400instr.pdf
 
You would disclose foreign residences IF you considered yourself a foreign resident at the time, right? I was a student abroad and did not disclose them, as the US was my permanent home. I did, however, disclose my foreign education (no work abroad).
 
cafeconleche said:
You would disclose foreign residences IF you considered yourself a foreign resident at the time, right? I was a student abroad and did not disclose them, as the US was my permanent home. I did, however, disclose my foreign education (no work abroad).
Click to expand...

The N-400 asks to list every address where you lived. USCIS will make the determination of whether the applicant broke continuous residency from the evidence presented, rather than solely on the amount of time lived at one address.
 
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