accidentally combined 90 day head start and 4 year 1 day rule

[luvmyfamily 1]

HI, I received an email from uscis few moments ago that my n400 is denied, so right now i am waiting for the letter. (is it really denied? or there are slim chances that the email was just screwed and my n400 is approved?)

now my world feels like it shattered.

and i am thinking of reasons why my n400 is denied

on my interview,

she told me that I abandoned my status, because I stayed out of the US from october 8, 2006 to november 22, 2007, but i had a re-entry permit.

she told me that that is not enough, and asked me why I did that,

I said the truth that I had to study abroad because i could not afford school here.

she said that she cant make a decision right away, and she needs proof that i did not abandon my status

I sent her what she asked for, my diploma, my mother's affidavit that she supported me while i was away, and n14 form, copies of my passport pages

and now, 10 days later i sent what she asked for, i received an email that my status is denied.

now i was reading forums and found out that 90 day head start and 4 year 1 day rule cant be combined..

so i was thinking either she believed that i abandon my status or simply i made a mistake on combining 90 day head start and 4 year 1 day rule.

or im still hoping the email was a mistake, although my status on their website says my n400 is denied.

what are my options??

Edited February 4, 2012 by luvmyfamily

[Penguin_ie 5,993]

What is the "4 year 1 day rule"?

I believe you were not eligible to file for naturalisation because your long stay outside re-set your naturalisation clock, so you have only been resident in the USA for just over 4 years (since November 2007), and you need 5 years.

[VanessaTony 3,567]

HI, I received an email from uscis few moments ago that my n400 is denied, so right now i am waiting for the letter. (is it really denied? or there are slim chances that the email was just screwed and my n400 is approved?)

on my interview,

she told me that I abandoned my status, because I stayed out of the US from october 8, 2006 to november 22, 2007, but i had a re-entry permit.

she told me that that is not enough, and asked me why I did that, I said the truth that I had to study abroad because i could not afford school here. she said that she cant make a decision right away, and she needs proof that i did not abandon my status. I sent her what she asked for, my diploma, my mother's affidavit that she supported me while i was away, and n14 form, copies of my passport pages and now, 10 days later i sent what she asked for, i received an email that my status is denied.

now i was reading forums and found out that 90 day head start and 4 year 1 day rule cant be combined.. so i was thinking either she believed that i abandon my status or simply i made a mistake on combining 90 day head start and 4 year 1 day rule. or im still hoping the email was a mistake, although my status on their website says my n400 is denied.

what are my options??

I doubt you've been approved if it says denied.

Your options depend on WHY you were denied.

If you were denied for filing early then you can re-file when the time comes.

Your naturlisation clock started ticking again when you re-entered the US on November 22, 2007. It started at zero because stays outside the US of 12 months or more (even with a re-entry permit) reset that clock. Unless you are married to a USC you need to wait 5 years (minus 90 days) to be eligible for USC. This means you are able to file for N-400 around Aug/Sept 2012. if you are married to a USC then of course you're eligible after 3 years of marriage to that USC (or the 5 year rule, whichever is sooner).

if you were denied for abandoning your status

You're in more trouble than just being denied USC if they have determined you abandoned your status. They will revoke your GC and you will be deported.

You can try and appeal the decision but again it depends on what the letter says. Wait and see what it says and let us know.

[luvmyfamily 1]

i am preparing my self to worst possible scenarios, in case the find i abandoned my permanent status residence, and will be on the process of deportation, what are my chances to fight this?

[Penguin_ie 5,993]

If that is what happens (I doubt it, but you never know until you get the paperwork back), you need a lawyer. You can fight it, as you had a re-entry permit and the CBP officer let you back in, but this isn't DIY territory.

[luvmyfamily 1]

yeah, this will be the longest 2 day of my life, i dont mind waiting for another year to file again, but deportation is too much to handle.

i could not afford a lawyer. but i have to have a lawyer.. i will find one right after i receive the mail.. which i hope arrives on monday

[luvmyfamily 1]

and oh penguin_ie, for what i understand 4 year 1 day rule applies when you have a re-entry permit, you could file n400 after 4 year and 1 day of coming back to usa after an absence of more than a year whilst havint a re-entry permit..

Edited February 4, 2012 by luvmyfamily

[Chichi02 0]

There are 2 possible scenarios here depending on when you applied:

1. If you applied before 23 Nov, 2011, that's why you got denied. You cannot combine the 90-day prior to the anniversary rule with this other one. If this is the case, you will not have worry about being deported or anything but you will have to re-apply for naturalization.

2. If you applied after 23 Nov, 2011 and at the interview, they told you it seems like you had abandoned your status and that's the reason why they denied you, you need to consult a lawyer.

It is very unlikely that they would deny you based on the abandonment of your status if you had a re-entry permit and provided all the necessary proof.

Could you please tell us when you applied? Because it's likely that the first scenario I described is what had happened to you.

[luvmyfamily 1]

i applied october 31 2011, thinking i could combine 90 day rule and 4 year 1 day rule.. (how stupid)..

in case i just made that mistake, i guess i could apply again this week?

[newlyweds2010 208]

I would wait until you get the letter, read it thoroughly, take a deep breath, read it again, count until 100, then take another breath. Only then you start thinking about the next step. just my 2 cents.

[bigdog 376]

Don't get the cart before the horse, see what it exactly says, like stated before and then go on.

[luvmyfamily 1]

i got the letter already..

honestly, i dont know what to do

i do not understand it

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Edited February 9, 2012 by luvmyfamily

[Ree 9]

It is very hard to read such small letters But from what I can read I see it says that you failed to meet your continuous residence because you were absent for over 365 days, and you can reapply again later, when you meet the continuous requirement.

[luvmyfamily 1]

but the underline words says i can apply after 4 years and 1 day.. (which i did not) but now its passed the 4 year 1 day period..

Edited February 9, 2012 by luvmyfamily

[mari&Ryan 93]

Can you scan that letter and post it again? It's difficult to read. I'm not sure but it seems you got bad and good news. bad news your naturalization application was denied but you already knew that and the good news is that it was denied without prejudice so you can apply again once you meet the continuous residence requirement (don't how it works) but the most positive thing it seems that your resident status was not affected. Honestly, i'm not 100% sure since it's hard to read. Try to post it again and others may be able to help you.

Edited February 9, 2012 by mari&Ryan