N 400 Naturalization denied because of Continuous Residency

[gencp]

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!

[smartstyle82]

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!

Why would you have to file taxes if you haven't been in the country and haven't got any income in the US ? In which office did you apply for naturalization ?
Maybe you have to wait one more year before applying....

[maguila]

Very confusing facts...

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!

I do not understand how you could have overstayed in the US 2011 if you were already a permanent resident since April 11, 2011 (that IS your green card issue date I assume). Overstayed means stay in the US only. I think you meant you were not in the US because you were outside US from July 2011-February 1, 2012, which is actually 8 months? Did you not file a tax return in 2011 because you did not work at all for the entire 2011 year? If you worked at all, you still need to file a 2011 tax return. You can refile now BUT you must file the proper 2011 tax return and attach it to your new N-400 application.
Hope this helps!
Maria Aguila, Attorney