Got decision notice for N-400 [merged threads]

[tinkerbell2 0]

Hi everyone, my mom passed her interview for N-400 in August. So officer said wait for oath letter, but we got denial letter. They stated that you have not demonstrated the continuous residence requirements for naturalization. Because my mom were out from USA about 11 months that time she needed to go urgent and suddenly that time my dad passed away so that's why she went and stayed there for my minor sibling. It happened after one year to come here as a green card holder for my mom so that time she had not a job or filled any taxes. Uscis stated in the letter that you were not working that time when you left USA and also you did not own any property in usa. But when officer asked you if you owe any property in any other country during your absence. And you said I have house in my country. You have disrupted the continuity of residence. So what should we do they said if you believe you can overcome the ground for this denial you can file form N-336.

[Holt 73]

First of all, sorry for the denial. 

Absences for 11 months presumably “break the continuity of residence unless the applicant shall establish to the satisfaction of [USCIS] that he did not in fact” do so, unless you prove otherwise, taking into account but not limited to:
 
(A) The applicant did not terminate his or her employment in the United States. 
(B) The applicant’s immediate family remained in the United States. 
(C) The applicant retained full access to his or her United States abode.
(D) The applicant did not obtain employment while abroad. 
 
N-336 is pricey, and you should hire a immigration lawyer to seek for legal advices.
However, I think you might file an appeal (or file a motion to reconsider/ reopen).

Edited September 24, 2017 by rlam57

[sunshinestate2013 136]

Does the denial letter imply anything about removal proceedings? Or is just a denial for citizenship?

[tinkerbell2 0]

No there is nothing about removal proceedings. My mom left in 2013 and came back in 2014 june she called uscis from Pakistan and put expedite request for my sisters. So when she came back here after 2 moths my sisters got visas. From that time my mom is doing job paying taxes. And my mom doesn't has any property or any holdings in pakistan. Mom said they misunderstood it's doesn't mean I own that home where she lived it's related to our grandparents. But in letter they stated you own. How can I file a motion, it's different to N-366 thanks

[tinkerbell2 0]

13 hours ago, rlam57 said:

First of all, sorry for the denial. 

Absences for 11 months presumably “break the continuity of residence unless the applicant shall establish to the satisfaction of [USCIS] that he did not in fact” do so, unless you prove otherwise, taking into account but not limited to:
 
(A) The applicant did not terminate his or her employment in the United States. 
(B) The applicant’s immediate family remained in the United States. 
(C) The applicant retained full access to his or her United States abode.
(D) The applicant did not obtain employment while abroad. 
 
N-336 is pricey, and you should hire a immigration lawyer to seek for legal advices.
However, I think you might file an appeal (or file a motion to reconsider/ reopen).

So what about info pass appointment, or N- 336 because we have 30 days  to file.

[Going through 5,668]

An infopass appointment is useless in helping you with a denial....it's not like they can all of a sudden on-the-spot reverse the IO's decision.

You need to file the N-336 within 30 days from the date of the denial letter. It would probably be your best course of appeal, at this point, imo.

 

 

.

[Holt 73]

12 hours ago, tinkerbell2 said:

So what about info pass appointment, or N- 336 because we have 30 days  to file.

I agreed with Going Through. 

If you could prove that you were deserve an approval then I would go with N-336 (This form is an appeal form to N-400, there is no other form)

Or you could wait for few years to establish the eligibility, and apply again. 

However, N-336 is very pricey (more than half-price of N-400, so you can consider if it is worth a shot or not. 

Good luck !

[Going through 5,668]

20 hours ago, tinkerbell2 said:

No there is nothing about removal proceedings. My mom left in 2013 and came back in 2014 june she called uscis from Pakistan and put expedite request for my sisters. So when she came back here after 2 moths my sisters got visas. From that time my mom is doing job paying taxes. And my mom doesn't has any property or any holdings in pakistan. Mom said they misunderstood it's doesn't mean I own that home where she lived it's related to our grandparents. But in letter they stated you own. How can I file a motion, it's different to N-366 thanks

A motion to reopen or reconsider a case is different than filing for an appeal of an adverse final decision.  

 

What you would be doing, in this case, is filing for an appeal of the IOs final decision to deny....you have to use form N-336 for that.  

 

You would need concrete proof that your mother did not break the continuous residency as mentioned above, however.  From the little you mentioned above, it sounds like she can't, however, it's always worth a shot if you can submit evidence that she paid US taxes while away for that year, maintained US residence, didn't work while out of the country during that year,  etc.  

 

Since you said her husband and minor child were living in Pakistan, and she didn't file US taxes when she was gone (was she at least mentioned as a dependent on your taxes? Or submitted her own taxes filing $0 income?  That counts as her "filing"), and she was unemployed during that time, she's going to have a hard time proving this...

Edited September 25, 2017 by Going through

[charmander 692]

Your mom's situation is described at the N400 instructions document. https://www.uscis.gov/system/files_force/files/form/n-400instr.pdf

End of page 12 beginning of Page 13 --- Part E - Trips Outside of United States.

 

I am surprised they gave a denial without going through an RFE round to supply evidence (if any) that your mom stayed connected to US.

 

I guess you could appeal the decision if you have strong evidences similar to those listed on the document but if you don't have much I'm afraid there is not much you could do at this point other than re-applying once the residency requirement is satisfied. According to this so-called four years and one day rule, when will your mom become eligible again to apply N400?

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

"An applicant who is required to establish continuous residence for at least 5 years and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence."

 

 

[tinkerbell2 0]

Yes I have her on my taxes that year. 

[Going through 5,668]

At this point, you can ether file the N-336 if she can prove she didn't break continuous residence requirements (with submitting concrete evidence of this), or wait about 4 years and apply for the N400 again.

 

The fee for the N-336 isn't that much lower than the N400 right now when you consider it---however, the N400 application fee might will go up in another 4 years, you never know.

 

If you file the N-336 there's a chance it will be denied, and the original decision will stand.  If you file later on for the N400 there's a better chance it will be approved so long as she remains in the States more often than out (as well as remaining eligible in other ways).  In the meantime, either way she should renew her GC if it is expiring soon.

Edited September 26, 2017 by Going through

[tinkerbell2 0]

Hi everyone, as earlier in told about my mom's denied n-400. So I want to know when she will eligible again to apply she came back in June 2014 when she left for 11 months so we will continue time counting from that year for 4 years and 1 day rule. But again she left after for less then 6 months then she came back in 2016 February, so we will count from 2016 for 4 years and 1 day rule? And  she applied for N-400 in October 2016.

To qualify for naturalization,  under IN 316, an applicant must:

Be physically present in the United states for at least 2 and half years at the time of filling format N-400.

So when she applied N-400 in Oct 2016,  was she eligible for physically present? Should we count from June 2014 or February 2016?  If I she has proof for that disturbed continuity of residence and want to apply for N-336 but still after that didn't she required to complete 2 and half years rule at the time of filling n- 400. She will include or exclude that time less than 6 months. So will she count from June 2014? Or February 2016?

Thanks you all so much understanding my situation. 

[TBoneTX 43,017]

A related post has been moved from the General Immigration Discussion forum and merged with this thread.  Please maintain one thread for this topic.

Edited October 11, 2017 by TBoneTX

[kausar 26]

15 hours ago, tinkerbell2 said:

Hi everyone, as earlier in told about my mom's denied n-400. So I want to know when she will eligible again to apply she came back in June 2014 when she left for 11 months so we will continue time counting from that year for 4 years and 1 day rule. But again she left after for less then 6 months then she came back in 2016 February, so we will count from 2016 for 4 years and 1 day rule? And  she applied for N-400 in October 2016.

To qualify for naturalization,  under IN 316, an applicant must:

Be physically present in the United states for at least 2 and half years at the time of filling format N-400.

So when she applied N-400 in Oct 2016,  was she eligible for physically present? Should we count from June 2014 or February 2016?  If I she has proof for that disturbed continuity of residence and want to apply for N-336 but still after that didn't she required to complete 2 and half years rule at the time of filling n- 400. She will include or exclude that time less than 6 months. So will she count from June 2014? Or February 2016?

Thanks you all so much understanding my situation. 

Just read the instructions of USCIS about filing for naturalization, it has clearly been explained there.  As far as I understand you need to count from the date when she returned after a long stay ie more than six months. Less than six months doesnt matter as it does not break the continuity. 

[Going through 5,668]

17 hours ago, tinkerbell2 said:

Should we count from June 2014 or February 2016?

You would begin counting from June 2014, if what you say above is accurate.   She would have to show 4 years + 1 day of continuous residence before applying for the N400 again.  If she travels frequently don't forget to watch the physical presence requirements as well....her time spent in the US has to be greater than her time spent abroad over the past 5 years from when she applies.

 

1 hour ago, kausar said:

She will include or exclude that time less than 6 months.

She would include that time of less than 6 months, since trips abroad of less than 6 months do not break continuous residence.

 

1 hour ago, kausar said:

So when she applied N-400 in Oct 2016,  was she eligible for physically present?

No.  When she applied in 2016, USCIS took into account her 11-month trip in 2013, where she broke the continuous (and presumably the physical presence if she had other trips from 2013 onwards lasting several months here and there) requirements, as explained earlier in this thread.

 

 

Edited October 11, 2017 by Going through