N400 Denial continuous residency

[mindthegap 2,521]

2 minutes ago, x_driven_x said:

HOWEVER, the statue specifically lists " and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months."

 

You were NOT in the the US for the full 3 months prior to filing. I believe it's that last part that has tripped you up.

That can't be the issue.

See: 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

 

"An applicant's residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence. ^"

"If the applicant establishes residence in a different state or service district from where he or she last resided, the applicant must reside three months at that new residence before applying in order to meet the three-month jurisdictional residence requirement."

Edited November 14, 2017 by mindthegap

[Lostinuscis 0]

of course they do ask, but if no trip is over 6 months it shouldn't be a problem

 

[x_driven_x 1,778]

Just now, mindthegap said:

That can't be the issue.

See: 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter6.html

 

"An applicant's residence during any absence abroad of less than one year will continue to be the state or service district where the applicant resided before departure. If the applicant returns to the same residence, he or she will have complied with the three-month jurisdictional residence requirement when at least three months have elapsed, including any part of the absence, from when the applicant first established that residence. ^"

"If the applicant establishes residence in a different state or service district from where he or she last resided, the applicant must reside three months at that new residence before applying in order to meet the three-month jurisdictional residence requirement."

I edited / deleted my post as you were typing this. Yes, I misread.

[Lostinuscis 0]

GoBig please read my reply, as i mentioned how i was eligible after the first denial.

Thanks

[little immigrant 800]

13 minutes ago, Lostinuscis said:

of course they do ask, but if no trip is over 6 months it shouldn't be a problem

 

Doesn't that go for the GC and not the N-400?

[geowrian 22,335]

11 minutes ago, Lostinuscis said:

of course they do ask, but if no trip is over 6 months it shouldn't be a problem

Well, not necessarily. A single trip abroad of 6 months or longer creates a presumption of breaking continuous residency, but multiple trips throughout the year can also break continuous residency.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements"

 

Either way, continuous residency wasn't the reason here. It was physical presence.

[mindthegap 2,521]

201+75+19+160+23+101 = 579

But...the letter states 'you were absent 567 days during the statutory period'?

 

Now I am even more confused. 

 

Either go to an infopass, or just file an N-336. Hope you get someone competent who can explain W T F they are on about and how they have worked it out and from what dates, coz I am buggered if I can work it out.

Edited November 14, 2017 by mindthegap

[geowrian 22,335]

Just now, mindthegap said:

201+75+19+160+23+101 = 579

But...the letter states 'you were absent 567 days during the statutory period'?

 

Now I am even more confused. 

Exclude the days left and returned: 6 trips * 2 days each = 12. 579 - 12 = 567

[Going through 5,668]

The calculations were correct in terms of breaking the physical presence requirement.  You can apply again for the N400 or file a N-336 so there is still a window of opportunity for you to obtain naturalization.

Edited November 14, 2017 by Going through

[JoeSchmoe2017 92]

Why would you stay out of the country for that many days if you are applying for naturalization?  Fulfill all N-400 requirements and try to apply again. 

[Etienne Nahayo 1]

It is important for you to become a United States citizen, please stay in US for all required time. Next time you apply it may be the same case then you green card will expired and you will be denied a renewal and you will be removed from US. Be careful and get a lawyer

 

[David & Diana R 1,005]

1 hour ago, Etienne Nahayo said:

It is important for you to become a United States citizen, please stay in US for all required time. Next time you apply it may be the same case then you green card will expired and you will be denied a renewal and you will be removed from US. Be careful and get a lawyer

 

It appears that this person does not want to reside in the United States.  After all, he/she resided out of country for more than 50% of the time.  So why waste the time becoming a US citizen?  As a CO I would be suspicious of this activity. 

[Holt 73]

The OP is confused about why the 101 days is added. It is supposed to be added because the IO will ask you after you file, do you leave the US ?  

I still can’t believe why people can leave the state while N400 is pending. 

Spending 1.5 years out of 3 years in the state is hard, then why obtain citizenship? I guess it is more convenient to live outside the state after becoming USC...

[Etienne Nahayo 1]

2 hours ago, David & Zoila said:

It appears that this person does not want to reside in the United States.  After all, he/she resided out of country for more than 50% of the time.  So why waste the time becoming a US citizen?  As a CO I would be suspicious of this activity. 

He is playing with the US Immingration. He soon will find out 

[Salvaje 5]

You are just missing couple of days