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Lostinuscis

N400 Denial continuous residency

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Filed: Citizen (apr) Country: Ukraine
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The numbers are correct as the 567 are actual days out of the country..not the 6 days op was staying/leaving the country and the 6 days traveling to/arriving back in the US....those 12 days are subtracted from the total of 579.  OP...wait until next week and file again.

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Filed: Citizen (apr) Country: Canada
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You were denied the N400 the first time for being outside the USA for over a year, therefore not fulfilling the continuous presence requirement.

 

You were denied the N400 the second time for being outside the USA more than the allotted days allowed, therefore not fulfilling the physical presence requirement.

 

When you apply for the N400 the third time, expect continued scrutiny on the continuous/physical presence aspect of your application...especially since USCIS will be aware of two previous denials under your belt.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: AOS (pnd) Country: Spain
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13 hours ago, Etienne Nahayo said:

It is important for you to become a United States citizen, please stay in US for all required time.

Let's get real. For many people getting the citizenship is not a priority but a mandatory US goverment requirement so they can leave the country as freely as they want to work or live somewhere else and be able to come back a year later to visit family or friends. With the green card Uncle Sam denies you this freedom unless you go again to the i485 process meaning more money to Washington. 

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14 hours ago, Formula1 said:

Let's get real. For many people getting the citizenship is not a priority but a mandatory US goverment requirement so they can leave the country as freely as they want to work or live somewhere else and be able to come back a year later to visit family or friends. With the green card Uncle Sam denies you this freedom unless you go again to the i485 process meaning more money to Washington. 

It doesn't matter how you view it emotionally. (The application tries to confirm your allegiance to the country, but of course no-one can look into your heart/mind about your true motivation for seeking naturalization.) In any case, the rules are clear, and USCIS didn't miscalculate here. If you really care about becoming a citizen (because you love the US or because you "want to work or live somewhere else and be able to come back a year later to visit family or friends," according to you), you need to try to pay attention to the official requirements. If you ask me, the physical presence requirement isn't particularly strict; just half-time presence.

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Thank you all 

the rule in this matter is clear, it states:

In keeping with the three-year rule, however, the amount of time that you must be physically present in the U.S. before applying to naturalize is one half of three years, or 18 months.

the 101 days were after the application was filled, and the three year time frame was calculated from 2/15/14 to 2/15/2017(date of filling).

 

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Filed: Citizen (apr) Country: Germany
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@Lostinuscis Not sure why you are trying to argue with us. File a N-336 for a hearing and prove to USCIS that you met their requirements.  I am sure if you file another N-400 in the future, your previous denials will have a huge impact.  

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Filed: Citizen (apr) Country: Canada
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2 hours ago, Lostinuscis said:

Thank you all 

the rule in this matter is clear, it states:

In keeping with the three-year rule, however, the amount of time that you must be physically present in the U.S. before applying to naturalize is one half of three years, or 18 months.

the 101 days were after the application was filled, and the three year time frame was calculated from 2/15/14 to 2/15/2017(date of filling).

 

When you submitted the second N400, you were at least 5 years from your original GC issue date in 2011

The 3-year rule no longer applied to you....the 5-year rule did.

 

Even if you submitted your application and checked off that you were applying under the "3 year eligibility"----the IO would automatically adjudicate your application based on the 5 year eligibility, given the date you became a LPR.

 

Again, the IO's calculations were correct.

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: K-1 Visa Country: Burundi
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On 11/14/2017 at 4:43 PM, Going through said:

You were denied the N400 the first time for being outside the USA for over a year, therefore not fulfilling the continuous presence requirement.

 

You were denied the N400 the second time for being outside the USA more than the allotted days allowed, therefore not fulfilling the physical presence requirement.

 

When you apply for the N400 the third time, expect continued scrutiny on the continuous/physical presence aspect of your application...especially since USCIS will be aware of two previous denials under your belt.

This person is ignoring US Immigration laws and is shifting blame to USCIS. He needs to stay in USA for what is required amount of time. Some of us stayed 10 years before we could go back to our original countries for visit and he cannot do 3? If I were the Immigration work I would follow the Immigration laws and deny him the citizenship. How does he file his taxes? Uncle Sam needs some money from him.

Edited by Etienne Nahayo
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