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Lostinuscis

N400 Denial continuous residency

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Hello everyone,

I received the denial today, and i spotted an obvious mistake in it.

could someone who reads this denial agree with me that the officer should not have added the 101 days to the total statutory period, as they have taken place after the filling date of the n400.?

Many thanks to all

denial.jpg

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actually they count from when you filed the application.. so when you file for n400 you have to make sure you are meeting the requirements in order to obtain citizenship.. and one of the requirements is physical presence.. but did you file based on your marriage or 5 year rule?

 

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alll dates listed are correct, and if the counting is based on the time of filling what has the time spent outside the US after filling has to do with the statutory time (of course less than six months after filling)

 

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well.. it means you have to be present in united state for 18 months that it 548 days.. and you were present 529 days.. so you were short 19 days short.. you can refile it again soon.. it just 19 days.. make when you file it you were present in US for more then 548 days..

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Note that this is a denial based on physical presence, not continuous residency. Two different requirements (both of which must be satisfied). The continuous residency requirement is questionable here as well IMHO, but was not raised in the denial letter.

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I can see your confusion.  The letter does contradict itself as it states 'during the 3 years preceding filing' and then lists dates AFTER the date of filing, but then states it is the three years immediately preceding the filing.

So, which is  the correct one? The filing date or the interview date? 

 

Looking at it logically (USCIS and logic..ha!) if you, say, were filing 90 days before you are eligible for filing under the three year anniversary rule and it is taken form the date of filing, you would also be ineligible under the physical number of days in the US rule - unless the 90 days preceding calendar date for the anniversary is taken into account are taken into account at the time of interview. If the 90 days is taken into account for the anniversary date purposes, then it stands to reason it must also be be for the number of days for physical presence too. 

 

 

 

On the date of the interview you were 19 days short, so counting from the 23rd to today, you now meet the required days.

File an N-336, and then it should be recalculated on the date of the hearing and approved.

Edited by mindthegap

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i forget to mention that i have applied before and get denied on the basis of staying over a year from 2013 to 9/4/2014.but i was told i can reapply after 2years and 1 day after returning from my extended stay outside the US.

I reapplied in 2/15/17 therefore the elegibility is present.

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agree with mindthegap.

USCIS allows people to file 90-days earlier before the anniversay ,only if  you have already met the residency requirement. In your case, by the time when you filed N400,you haven't meet the requirement yet, but you chose to leave the U.S. for additional 3 months. whick hurts your eligbility. So, now you have to wait for a while to resubmit. 

 

they should reject you even earlier before giving your interview. 

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