Citizenship - disrupted residence

[dyanko15]

Hi,

I would like to consult if there is a way that I can appeal for USCIS decision . I have received the letter from USCIS that my application was denied due to my residence was disrupted and I was ineligible for citizenship at this time.

Last March 23, 2009 I applied for naturalization and I already took my interview last July 26, 2009. I both passed the oral and written test.


Permanent residence since April 15, 2001. Our whole family migrated in United States.

Out of the country
05/23/2003 - 5/17/2005 - 723 days (I continue my studies in Philippines)
12/23/2006 - 01/10/2007 - 18 days (vacation in Phils)
2/12/2008 - 2/25/2008 - 13 days (vacation in Phils)
6/25/2009 - 6/29/2009 - 5 days (tour in Canada)

3/23/2009 - Filed Application for Naturalization
7/23/2009 - Interview - passed exam

I also submitted documents such as reentry permit and evidence that I did not abandon/ disrupt my residence in United States like income tax returns, rent payment receipts (proof that my family remained in the United States).

Please help and advise.
Thank you.

[pipedream2]

When did you get GC?

[baikal3]

You can try filing an appeal but it'll cost you quite a bit of time and money and probably require hiring a lawyer.

It is easier to simply re-apply by submitting a new N-400 application, especially since they are processed fairly fast these days.


Even taking the USCIS view that your 05/23/2003 - 5/17/2005 absence disrupted continuous residency, you are nevertheless eligible to file N-400 any time after 5/18/2009, under the 4 years plus one day rule.

This rule is explained on pp. 22-23 of "A guide to naturalization", USCIS' publication M-476:


Basically the rule says that the last 364 days of the trip that disrupted continuous residency actually can be counted towards satisfying the continuous residency requirement. There is an example on page 23 of the Guide which shows in detail how the 4 years plus one day rule works, and it appears to apply to you. So if you file a new N-400 application now, you should be OK.
IMO that is faster and cheaper than trying to pursue an appeal.

[Jin03983]

Almost the same...

Dyanko15,

I almost have the same situation as yours regarding re-entry permit..I also know about the 4 years and 1 day rule, and im planning to follow that...

GC in 2004
Left for 1 year 10 mos (Philippines also)
Back in US in Sept 2006
Trips to Phils. no longer than 6 months ever since..
(Following 4 years and 1 day eligibility with re-entry permit, and the 90 days prior to apply, i should be eligible this Sept 2010)

What happened next? Did you file an appeal or did you wait?
Please update me as i need guidance...
I hope you already got your USC...

+++

Baikal3, nice to know someone who's also familiar with the 4 year 1 day provision in M-476..
What do you think needs to be included in the initial application (N-400, payment, pics, GC, etc...) regarding our case just so USCIS won't disregard eligibility? I would want to point out in my application the 4 years and 1 day rule that came from their guidelines..I want to make it clear that i have satisfied both continuous residence & physical presence based on their M-476 guide...

Thank you for any advice...