why was I denied?

[joygerson]

I am a green card holder which was given to me March 2006. I was out of the country with a re-entry permit from April 13,2006-May 2, 2007 to finish my school outside . On October 17,2011, I applied for citizenship based on four years and one day rule following my return on May 2,2007. I was interviewed and was denied. Here's the decision: USCIS has considered your record. Your absence from The US of 12months and 19 days between April 13,2006- May 2007 disrupted the continuity of your residence. Since you disrupted your residency, you may file an application for naturalization four years and one day following your return on or about May 2,2007. However , record shows you filed on October 17,2011, prior to reaching four years and one day requirement. You have not met the burden of establishing that you meet the requirements for naturalization. You may file when you have remained physically in the United States for at least four years and one day following the date of your return to the US to resume permanent residence,provided that all other eligibility requirements have been met.

ISN"T it MAY 2,2007 + 4 years and one day= MAY 3,2011? I applied OCTOBER 17,2011 which means Im way beyond MAY 3 2011. WHY AM I DENIED?

[nwctzn]

It might be that you got a generic decision. From what you describe you got your green card in March 2006 and left the US only one month later in April 2006. So you did not really live long in the US as a permanent resident before you took that long absence. As far as I know, the 4 year + 1 day rule is applicable only for permanent residents who have established a long residence in the US (maybe one or more years) and then broke their continuous residence. In your case, you were only one month as permanent resident in the US and then you left for more than a year. So the interviewing officer most likely interpreted that your 5-year residency started in May 2007 when you came back (instead of March 2006) and that the 4 year + 1 day rule is not applicable to you. I would schedule an infopass appointment with your local USCIS office to clarify this.

Please let us know how it goes. Best of luck!

[gorkhali123]

why?

Joy,
I am in a similar boat. Can you please tell me what happened afterwards???

[kevinkallis]

Joygerson, As NWCTZN suggested, it is best you schedule an InfoPass appointment with the USCIS to get things clarified.

[alexandro456]

Have you ever gotten to the bottom of it?

I am a green card holder which was given to me March 2006. I was out of the country with a re-entry permit from April 13,2006-May 2, 2007 to finish my school outside . On October 17,2011, I applied for citizenship based on four years and one day rule following my return on May 2,2007. I was interviewed and was denied. Here's the decision: USCIS has considered your record. Your absence from The US of 12months and 19 days between April 13,2006- May 2007 disrupted the continuity of your residence. Since you disrupted your residency, you may file an application for naturalization four years and one day following your return on or about May 2,2007. However , record shows you filed on October 17,2011, prior to reaching four years and one day requirement. You have not met the burden of establishing that you meet the requirements for naturalization. You may file when you have remained physically in the United States for at least four years and one day following the date of your return to the US to resume permanent residence,provided that all other eligibility requirements have been met.

ISN"T it MAY 2,2007 + 4 years and one day= MAY 3,2011? I applied OCTOBER 17,2011 which means Im way beyond MAY 3 2011. WHY AM I DENIED?

Have you ever gotten to the bottom of it? Why were you denied?have you tried appealing and going to court?