Naturalization denied because of Continuous Residency

[gjncp 0]

Hi,

I have a question regarding naturalization:

Green Card via Lottery on April, 11th 2011
Came in U.S. on April, 2011 and stayed for 3 months
Left USA on July and stayed until 1st February 2012
Applied for naturalization on January 11th 2016 and on September USCIS denied my case because I overstayed in 2011 for almost 7 months and did not have filed taxed for that year.

My question is, can I reapply on 4 year and one day rule or can I apply on November 3rd as a 90 days rule for 1st February 2017?

I did not left USA after February 1st 2012 more than 6 months.

Thank you!

[RodDetroit 118]

Were you actually able to come back to the US after being out of the country longer than 6 months ?

[NigeriaorBust 4,087]

You have to show 5 years of good moral character , which not filing taxes counts against you .

[gjncp 0]

Were you actually able to come back to the US after being out of the country longer than 6 months ?

Yes. I was able to come back with no problems.

[charmander 692]

What's the 4 year and one day rule?

[durdana 11]

Hey , I was in the same situation like you. This is my experience. Got Green Card on 08/26/2010. Went out of U.S in 03/23/2011-12/28/2011 which is 8 months fo studies. I applied for naturalization last year in July 2015, had my interview on 01/13/2016 and they denied my case on 02/10/2016 even I showed every documents that I tied relation to U.S but they said on the denial letter that due to long trip more than 6 months I break my continuous residence. Had bad experience even with the officer was so rude. You can not apply with 4 year and one day rule that is for if some one stay out of U.S for more than one year. I will reapply again next week on the base of 5 year-90 days as I came back in 12/28/2011 after long trip.

Best of luck!

Hi,

I have a question regarding naturalization:

Green Card via Lottery on April, 11th 2011
Came in U.S. on April, 2011 and stayed for 3 months
Left USA on July and stayed until 1st February 2012
Applied for naturalization on January 11th 2016 and on September USCIS denied my case because I overstayed in 2011 for almost 7 months and did not have filed taxed for that year.

My question is, can I reapply on 4 year and one day rule or can I apply on November 3rd as a 90 days rule for 1st February 2017?

I did not left USA after February 1st 2012 more than 6 months.

Thank you!

[gjncp 0]

Have you replied?

I already filed few days ago.

Best of luck too!

[gjncp 0]

Hey , I was in the same situation like you. This is my experience. Got Green Card on 08/26/2010. Went out of U.S in 03/23/2011-12/28/2011 which is 8 months fo studies. I applied for naturalization last year in July 2015, had my interview on 01/13/2016 and they denied my case on 02/10/2016 even I showed every documents that I tied relation to U.S but they said on the denial letter that due to long trip more than 6 months I break my continuous residence. Had bad experience even with the officer was so rude. You can not apply with 4 year and one day rule that is for if some one stay out of U.S for more than one year. I will reapply again next week on the base of 5 year-90 days as I came back in 12/28/2011 after long trip.

Best of luck!

Have you reapplied?

I just did it few days ago.

Best of luck thou!