N400 Application - Denied after the Interview

[jeoshah]

Hello,

I was pursuing my naturalization which i became eligible in Feb 2017. Recently i appeared before the immigration officer for my naturalization interview and i received a letter couple of days after that my N400 Application got denied. The reason for denial stated as i was not eligible for N400 since I moved to the current state less than 3 months and i applied for naturalization.

I have been coming back and forth to Chicago from other state for work/project since late 2013. My wife and kids have been living in Chicago area since late 2013. My wife has become citizen as she applied before i submitted mine. While filling up my N-400 application i didn't put much attention to this limitation of 90 days stay in Chicago before i become eligible. so i put date when i started working on my application. So according to the application i spent 69 days prior to file the application. In reality i came much before than 69 days.

What can be done in this situation? filing for appeal is going to help in this case?

any immigration lawyer/expert in this forum can comment to what should be the next steps?

[James Focoeur]

I'm not an "immigration expert", so look further into it through a forum like AVVO, but from my understanding the cost for appealing the case is almost $700 which is the same cost as refiling. Presumably you've been there for more than 3 months now, so it's easier to just reapply.

[Tezza]

Hello,

I was pursuing my naturalization which i became eligible in Feb 2017. Recently i appeared before the immigration officer for my naturalization interview and i received a letter couple of days after that my N400 Application got denied. The reason for denial stated as i was not eligible for N400 since I moved to the current state less than 3 months and i applied for naturalization.

I have been coming back and forth to Chicago from other state for work/project since late 2013. My wife and kids have been living in Chicago area since late 2013. My wife has become citizen as she applied before i submitted mine. While filling up my N-400 application i didn't put much attention to this limitation of 90 days stay in Chicago before i become eligible. so i put date when i started working on my application. So according to the application i spent 69 days prior to file the application. In reality i came much before than 69 days.

What can be done in this situation? filing for appeal is going to help in this case?

any immigration lawyer/expert in this forum can comment to what should be the next steps?

Refile. It's as simple as that. Trying to pursue other avenues will probably cost more and take longer. Just refile asap.

[jeoshah]

I'm not an "immigration expert", so look further into it through a forum like AVVO, but from my understanding the cost for appealing the case is almost $700 which is the same cost as refiling. Presumably you've been there for more than 3 months now, so it's easier to just reapply.

what i am finding from forums is, once my case is denied, i am not eligible to re-apply for 5 years. in other words i have to wait for 5 years before i apply again. i dont know if thats right or not?

[UScitizenFilingforspouse]

what i am finding from forums is, once my case is denied, i am not eligible to re-apply for 5 years. in other words i have to wait for 5 years before i apply again. i dont know if thats right or not?

Read the N-400 instructions, OK? Read the USCIS website. Filling out applications without reading instructions carefully several times is what got you here to begin with.

[Moxa1989]

Hello,

I was pursuing my naturalization which i became eligible in Feb 2017. Recently i appeared before the immigration officer for my naturalization interview and i received a letter couple of days after that my N400 Application got denied. The reason for denial stated as i was not eligible for N400 since I moved to the current state less than 3 months and i applied for naturalization.

I have been coming back and forth to Chicago from other state for work/project since late 2013. My wife and kids have been living in Chicago area since late 2013. My wife has become citizen as she applied before i submitted mine. While filling up my N-400 application i didn't put much attention to this limitation of 90 days stay in Chicago before i become eligible. so i put date when i started working on my application. So according to the application i spent 69 days prior to file the application. In reality i came much before than 69 days.

What can be done in this situation? filing for appeal is going to help in this case?

any immigration lawyer/expert in this forum can comment to what should be the next steps?

2 things:

when people talk about having to wait 5 years to reapply that is applicable when you failed your interview due to lack of moral character, so you have to wait five year to build up a good moral character.

in you case i believe the only thing that got you denied is that you technically were traveling to chicago for work. going back an forth doesn't count as residency for 3 month. in this case you will try to prove you have 2 place one of them in chicago and one somewhere else. they will go in detail to count how many day you spend at each place and they will decide which one will be the primary residency.

now my suggestion like everybody else: refile ASAP, but make sure you are a resident of chicago for at least 3 consecutive 3 month and that you will be living there full time until you get your interview and oath.

[jeoshah]

2 things:

when people talk about having to wait 5 years to reapply that is applicable when you failed your interview due to lack of moral character, so you have to wait five year to build up a good moral character.

in you case i believe the only thing that got you denied is that you technically were traveling to chicago for work. going back an forth doesn't count as residency for 3 month. in this case you will try to prove you have 2 place one of them in chicago and one somewhere else. they will go in detail to count how many day you spend at each place and they will decide which one will be the primary residency.

now my suggestion like everybody else: refile ASAP, but make sure you are a resident of chicago for at least 3 consecutive 3 month and that you will be living there full time until you get your interview and oath.

Thanks a lot for taking sometime to clarify that to me. Now another question from you or anybody else know the answer. While filing previously i didn't mention about the traffic violation citations like speeding tickets. do i need to mention them ? what about if i dont have the information handy for those citations to report if required?

This time i want to make sure i don't keep any gap for its denial. Please advise!!

[pmf123]

I don't know how travelling for work affects your home address, a lot of people travel for work but still have their home.

It's not like you stop paying your mortgage because they send you out of town for an extended period of time IMHO.

[UScitizenFilingforspouse]

Thanks a lot for taking sometime to clarify that to me. Now another question from you or anybody else know the answer. While filing previously i didn't mention about the traffic violation citations like speeding tickets. do i need to mention them ? what about if i dont have the information handy for those citations to report if required?

This time i want to make sure i don't keep any gap for its denial. Please advise!!

Always read directions. Here you go. See the screenshot. Page 14 of 18.

Do yourself a favor and read the instructions. You would save yourself a lot of time, headaches and money.

Regarding your address, you live where your family lives. Your wife went through the process. This should not have been an issue.
Again, carefully reading directions would have spared you this denial.

Slow down.

[suziq38]

Thanks a lot for taking sometime to clarify that to me. Now another question from you or anybody else know the answer. While filing previously i didn't mention about the traffic violation citations like speeding tickets. do i need to mention them ? what about if i dont have the information handy for those citations to report if required?

This time i want to make sure i don't keep any gap for its denial. Please advise!!

Hi.
RE: Traffic citations.
Were you arrested or jailed for them? Is there a special place in the form for a list of them?
If you have been arrested, etc. You have to disclose the violations and arrest record.
If not, just order your driving record from the DMV on their official website. In California this costs about $2.00 online. It costs $5.00 if you go in person to the DMV.
If they ask the question, volunteer the list of citations from the DMV.

Always be honest and forthcoming.

This is not legal advice and I am not a lawyer. In other words, do whatever you think is best for you.

Good luck

[drewbinsky]

If your N-400 application for naturalization has been rejected in the United States, you normally have two choices: submit a motion to reopen ovo game or submit an appeal.

[drewbinsky]

If your N-400 application for naturalization has been rejected in the United States, you normally have two choices: submit a motion to reopen or submit an appeal.