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

[mhd 0]

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

[debbiedoo 2,339]

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

[mhd 0]

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?

[debbiedoo 2,339]

well your petition was denied, so id say yes.

 

[geowrian 22,335]

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

Edited October 26, 2018 by geowrian
Clearer wording

[mhd 0]

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 October 26, 2018 by mhd

[SusieQQQ 11,584]

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...

[mhd 0]

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?

[SusieQQQ 11,584]

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 October 26, 2018 by SusieQQQ

[SleepyPanda 10]

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?

[mhd 0]

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.

[mhd 0]

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.

[mhd 0]

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.

 

[SusieQQQ 11,584]

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 October 31, 2018 by SusieQQQ

[mhd 0]

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.