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mhd

Im elegible for 4/2 years + one day rule?

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Hi,

 

 

My n-400 has been denied recently because I have a trip (7 months) out the US, I'm eligible for this rule, I read online it's for who has a trip 1 year or more.

Thanks

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taking a vacation of visiting family is one thing. being out of the country for over half a year is not.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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8 minutes ago, debbiedoo said:

taking a vacation of visiting family is one thing. being out of the country for over half a year is not.

Thanks for the useful info, but is it related to my subject?

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well your petition was denied, so id say yes.

 


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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The rule applies after being denied...when you file an N-400 afterwards.

Edited by geowrian
Clearer wording

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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23 minutes ago, geowrian said:

The rule applies after being denied...when you file an N-400 afterwards.

Here in this link:

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

Quote

 

3. Eligibility after Break in Residence

 

An applicant who is required to establish continuous residence for at least 5 years [15] 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. An applicant who is subject to the three-year continuous residence requirement [16] may apply two years and one day after returning to the United States to resume permanent residence. [17] 

 

The rule applies for who was absent for a year or longer, my situation is more than 6 months and less than a year.

Edited by mhd

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22 minutes ago, mhd said:

Here in this link:

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

The rule applies for who was absent for a year or longer, my situation is more than 6 months and less than a year.

The rule is one year or longer, so no, even though it doesn’t seem to make sense.  My husband is in a similar situation and is waiting for his cumulative 5 years since re-entry to apply. If you feel like gambling $725 on the process and it works, please let us know...

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4 minutes ago, SusieQQQ said:

The rule is one year or longer, so no, even though it doesn’t seem to make sense.  My husband is in a similar situation and is waiting for his cumulative 5 years since re-entry to apply. If you feel like gambling $725 on the process and it works, please let us know...

It's confusing, how who is out for a year or longer has more advantage?

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10 minutes ago, mhd said:

It's confusing, how who is out for a year or longer has more advantage?

That’s why I said it doesn’t seem to make sense.

 

notwithstanding, your denial was correct and is clearly stated as a consequence of an absence longer than 6 months. Did you not realize this when you applied, or were you trying to prove continuous residence hadn’t been broken while you were away?

Edited by SusieQQQ

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On 10/26/2018 at 9:23 AM, mhd said:

Hi,

 

 

My n-400 has been denied recently because I have a trip (7 months) out the US, I'm eligible for this rule, I read online it's for who has a trip 1 year or more.

Thanks

Did they deny you at the interview or before the interview or after?

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On 10/26/2018 at 11:55 AM, SusieQQQ said:

That’s why I said it doesn’t seem to make sense.

 

notwithstanding, your denial was correct and is clearly stated as a consequence of an absence longer than 6 months. Did you not realize this when you applied, or were you trying to prove continuous residence hadn’t been broken while you were away?

I was a wrong calculation from my side, I didn't know that I broke the continuous residence.

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1 hour ago, SleepyPanda said:

Did they deny you at the interview or before the interview or after?

They told me "no decision can be made yet", after 3 weeks I got the denial.

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On 10/26/2018 at 11:39 AM, SusieQQQ said:

The rule is one year or longer, so no, even though it doesn’t seem to make sense.  My husband is in a similar situation and is waiting for his cumulative 5 years since re-entry to apply. If you feel like gambling $725 on the process and it works, please let us know...

I had an infopass appointment to ask about this situation, at the beginning the officer told me I don't know what you are talking about  and then she read something on the screen and told me yes you are eligible, I told her but the rule is for who breaks continues residence by more than a year, told me doesn't matter, who denied because of  (break in residence  ) is eligible.

 

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6 hours ago, mhd said:

I had an infopass appointment to ask about this situation, at the beginning the officer told me I don't know what you are talking about  and then she read something on the screen and told me yes you are eligible, I told her but the rule is for who breaks continues residence by more than a year, told me doesn't matter, who denied because of  (break in residence  ) is eligible.

 

Infopass officers have been known to give wrong information on a number of occasions before, especially when they have to read something off a screen because they don’t know what you're talkng about, rather than just knowing the law. I’d be far more interested in a successful application based on the rule.

Edited by SusieQQQ

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15 hours ago, SusieQQQ said:

Infopass officers have been known to give wrong information on a number of occasions before, especially when they have to read something off a screen because they don’t know what you're talkng about, rather than just knowing the law. I’d be far more interested in a successful application based on the rule.

I didn't feel confident after the appointment. 

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