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  • citizenship denied

    Hi,

    I currently have a green card and had applied for a US citizenship in Feb 2002 and had my interview in Nov 2002.

    I've had my green card since Aug 1995 and have never left the US for a period longer than 6 months. So I have met the residency requirement of 5 years.

    I was denied my citizenship because the officer at the time of the interview said I did not fulfil the
    physical presence requirement of 30 months. I was
    studying in Toronto until 1999 and to keep my green
    card valid I came to the US for about 2 weeks every
    six months. In July 1999 I moved to the US
    permanently. The few weeks that I used to come to the US every year from 1995 to 1998 I counted towards my 30 months of physical presence.

    Is it true that I cannot count the few weeks every year from 1995 to 1998 towards my citizenship?

    thanks,

    dave

  • #2
    Hi,

    I currently have a green card and had applied for a US citizenship in Feb 2002 and had my interview in Nov 2002.

    I've had my green card since Aug 1995 and have never left the US for a period longer than 6 months. So I have met the residency requirement of 5 years.

    I was denied my citizenship because the officer at the time of the interview said I did not fulfil the
    physical presence requirement of 30 months. I was
    studying in Toronto until 1999 and to keep my green
    card valid I came to the US for about 2 weeks every
    six months. In July 1999 I moved to the US
    permanently. The few weeks that I used to come to the US every year from 1995 to 1998 I counted towards my 30 months of physical presence.

    Is it true that I cannot count the few weeks every year from 1995 to 1998 towards my citizenship?

    thanks,

    dave

    Comment


    • #3
      too much missed from this country, hence denied.

      Comment


      • #4
        You must have accumulated 30 months of physical presence in the US over period of five years preceding application for naturalization, not seven.

        See http://www.ins.gov/graphics/services/natz/general.htm

        "An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

        - has been lawfully admitted for permanent residence (see preceding section);
        - has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
        - has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period);
        - has resided within a state or district for at least three months"

        Comment


        • #5
          ... but as far as I remember (for admittance or naturalization purposes) you must prove that you never intended to abondondon your residency status in the U.S.

          An old law says, if you have accumulated more than 180 days (combined) of leave/absences in a ten-year period, the burden of proof lies upon you. So, if you can prove that you still properly filed for U.S. tax returns, paid rent, had an account here etc., you should contest the denial in the aloud time frame. Otherwise you just have to wait untill you accumalate the necessary residency time and hope that no laws are being passed that make your perm. residency null ... Good luck.

          Also remember that at the present time the denial percentage of N-400 applications is at about 60% !

          Comment


          • #6
            YOU CAN FILE N-400 AFTER TOTAL FOUR YEARS AND ONE DAY
            FROM LAST DATE OF ENTRY IN USA.AND OUT OF USA FOR LESS THEN 180 DAYS DAYS TO BE DEDUCTED AFTER 1999.

            Comment


            • #7
              where do you get that 4 yrs. + 1 day?

              If an alien is applying for naturalization based on 5 yrs. of permanent residency, the application will be denied if it even has been submitted 1 day too early. The correct date is the 5 yrs. minus 3 months (3 yrs. minus 3 months for n-400 application based on u.S. citizen marriage)

              Comment


              • #8
                guest -10 , could you please tell me where did you find that time frame ( 4 years and 1 day )after someone re-enter the country. Thank you

                Comment


                • #9
                  The 4 years plus 1 day rule is posted on the INS website. (You still must have been a permanent resident for 5 years). The assumption is that as you may leave the U.S. for short periods, the period of presence can include time at the begining, set at 1 year. I guess this was a one time court ruling that has made its way into the regulations..

                  Comment

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