Jump to content
gjncp

Naturalization denied because of Continuous Residency

9 posts in this topic

Recommended Posts

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!

Share this post


Link to post
Share on other sites

~Moved from USCIS service centers to US Citizenship General Discussion since OP is now at the naturalization stage~

VJ Moderation


 

 



07/09/2008: F-1 Interview - Successful
05/01/2013: (L) Married (L)

AOS from F-1:
07/09/2013: AOS package (I-130/I-485/I-756/I-131) fedexed
09/25/2013: AOS Interview with my husband at Milwaukee, WI
03/03/2014: AOS Approved

I-751 Removal of Conditions:

11/13/2015: Received reminder notice dated 11/08 from USCIS to apply for ROC
Day 00 - 12/04/2015: Mailed I-751 package to CSC via USPS Priority Mail
Day 03 - 12/07/2015: I-751 package delivered
Day 05 - 12/09/2015: Check cashed
Day 07 - 12/11/2015: NOA1 received dated 12/07/15
Day 22 - 12/26/2015: Biometric appointment notice received dated 12/19/15
Day 35 - 01/08/2016: Biometric appointment

Day 235 - 07/26/2016: Approved (E-notification of Card Production)

Day 238 - 07/29/2016: Status changed to 'Card Was Mailed to Me'

Day 241 - 08/01/2016: CSC returned original docs that were submitted at the time of application.

Day 241 - 08/01/2016: New status update 'Card was picked up by the United States Postal Service' Priority Mail 2-Day with tracking number provided.

Day 243 - 08/03/2016: Received 10 year Green Card

Day 255 - 08/15/2016: Received NOA2 with approval dated 07/26/2016

Click here for a sample of my cover letter, list of evidence, package assembly & shipping box

Click here for a sample of my I-751 notarized affidavit from a friend

 

 

N-400 Naturalization:

12/03/2016: Eligible

Day 00: 12/12/2016 Mailed N-400 to Phoenix, AZ lockbox via USPS Priority Express

Day 01: 12/13/2016 N-400 application delivered

Day 03: 12/15/2016 Credit card charged

Day 07: 12/19/2016 Text & e-mail notification received with a NBC receipt #

Day 11: 12/23/2016 NOA received via mail with priority date 12/13/16

Day 16: 12/28/2016 Received E-mail notification reg. biometrics scheduling

Day 19: 12/31/2016 Received Biometric notice via mail with notice date 12/24/2016

Day 32: 01/13/2017 Biometric appointment

Day 53: 02/03/2017 Received e-mail notification stating I am "in line" for interview scheduling

Day 144: 05/05/2017 Filed an e-request that interview notice was not yet mailed to me

Day 148: 05/09/2017 Received e-mail notification that interview has been scheduled after being in line for 95 days

Day 151: 05/12/2017 Received N-400 Interview notice via USPS

Day 183: 06/13/2017 N-400 Interview at USCIS Milwaukee, WI field office (Approved!) ***To read about my interview experience, click here***

Day 192: 06/22/2017 Received e-mail notification stating I am placed in line for oath ceremony

Day 206: 07/06/2017 Received e-mail notification stating oath ceremony notice was mailed

Day 210: 07/10/2017 Received oath ceremony notice (N-445) via USPS

Day 227: 07/27/2017 Oath Ceremony at Milwaukee, WI!

Dual citizen (France & U.S.A) / OCI card holder

 

Day 00: 07/27/2017 U.S. passport application at Milwaukee, WI (routine processing)

Day 05: 08/01/2017 Passport application locator number provided

Day 06: 08/02/2017 Checks cashed

Day 12: 08/08/2017 Received 2 e-mails stating that passport processing is over and it has been mailed with tracking # provided

Day 15: 08/11/2017 Received passport book via Priority Mail

Day 18: 08/14/2017 Received passport card via First Class Mail

Day 22: 08/18/2017 Received naturalization certificate back via Priority Mail / Updated citizenship status with SSA
 

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×