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

[luvmyfamily 1]

i will, it seems the officer forgot i showed her a re-entry permit

just to clear things out...

11/22/07 - came back to usa after 1 year 14 days of absence with re-entry permit

10/30/2011 - submitted my application

now i do not know why i am denied, it is because i disrupted my residency or i submitted the application 23 days early?!

[luvmyfamily 1]

the letter reads

Reference is made to your Application for Naturalization, Form N-400, which you filed on October 31, 2011, pursuant to Section 316(a) of the Immigration and Nationality Act, as amended (the Act). You appeared before an officer of the U.S. Citizenship and Immigration Services (USCIS) for an examination to establish your eligibility for naturalization on January 17,2012.

Section 316(a) of the Act provides in pertinent part that:

[no] person, except as otherwise provided ... shall be naturalized, unless such applicant ... immediately preceding the date of filing his application ... has resided continuously, after being lawfully admitted for perman~nt residence, within the United States for at

~leasrtive years --'-:.':"~------ __ nne' - ~- ~-- - -~~-~~~. --

In addition, Section 316(b) of the Act provides in part that:

Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship ... shall break the continuity of such residence .... (Underline added)

8 CFR, Section 316.5©(1) states that applicants who broke their continuous residence requirement with absences of more than one year "may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence ... " (Underline added)

Furthermore, Title 8, Code of Federal Regulations (herein 8CFR) Section 316.2(b) states that: "The applicant shall bear the burden of establishing by a preponderance of the evidence that he or she meets all of the requirements for naturalization .... "

During your interview, you testified under oath that you departed the United States on 11/08/2006 and returned to the United States on 1112212007. You further testified that you were out of the United States for about 411 days during this trip because you completed your nursing degree and took the Philippine board

examination after.

You verified the total number of days you were out before the interviewing officer during your examination for the past five years:

Date of Departure 0211112011 05/01/2009 01/24/2009 1110812006

Date of Return 05/09/2011 08/3112009 03/31/2009 11/22/2007

Duration of Absence 88 days

'93 days 67 days 411 days

659 Total Days

Subsequent to your interview, you were given Form N-14, Request for Evidence, requesting you to submit a list of all your trips from 2006 to present and copies of all the pages of your passport andlor travel document. You were also requested to provide a notarized sworn statement attached with the N-14.

In response to Form N-14, you provided the following:

• The completed notarized sworn statement

• A letter from your mother

Page 2

• Copy of home insurance

• Copy of your mother's Lawful Permanent Resident (LPR) card

• Copy of your Registered Nurse licensure issued by the State ofCA

• Copy of your licensure examination in the Philippines

• Copy of your diploma

Your application for naturalization was filed on October 31, 2011. During your statutory period, the fiveyear period before the filing of your application, started on October 31,2006, you broke the continuity of your residence requirement for naturalization, as you were absent from the United States from 11108/2006, until 11122/2007, which is a total of 411 days.

USCIS considered all theevTdence in record, but you are statutorily Tnel igibk~ for natu;:-aIizati~;"~t this -ti~e- ~-- --". -- -~.in that you have failed to meet the continuous residence requirement provided under Section 316(a) of the

Act when you departed and remained outside the United States for more than one year (365 days), within

the statutory period.

You are deemed ineligible for naturalization under Section 316(a) of the Act; therefore, your application must be and is hereby denied. This decision is made without prejudice toward the filing of a new application in the future; however, eligibility must again be established should you meet the above requirements.

[Leatherneck 693]

OP, this statement:

"USCIS considered all the evidence in record, but you are statutorily ineligible for naturalization at this time."

sure sounds better than this statement:

"You have been found to have abandoned your permanent resident status"

And the best statement in that letter is:

"This decision is made without prejudice toward the filing of a new application in the future."

I know you would rather be well on your way down the road toward naturalization, consider this a minor delay when

compared to not having a road to naturalization at all.

Look at the bright side of this, there very well could've been a different outcome. Especially if you would've had a jerk IO.

Edited February 9, 2012 by Leatherneck

[luvmyfamily 1]

Yes i know., i just so wanna be with my husband who is in the philippines.. :c i guess another year wont do any harm... Its just that i was wondering if i could apply now., since it passed the 4 year 1 day already

Edited February 9, 2012 by luvmyfamily

[VanessaTony 3,567]

i will, it seems the officer forgot i showed her a re-entry permit

just to clear things out...

11/22/07 - came back to usa after 1 year 14 days of absence with re-entry permit

10/30/2011 - submitted my application

now i do not know why i am denied, it is because i disrupted my residency or i submitted the application 23 days early?!

You were denied for both reasons you mentioned above because they are connected.

You "disrupted your residency" (to use your phrasing) by remaining out for over 12 months. This resets your USC clock back to 0. THEN because of this disruption you are looking at your eligibility based on the 4 year 1 day rule, you "submitted the application 23 days early" and so were not eligible to apply at that time.

Long story short, re-apply now and you won't have issues based on these rules. When re-applying make sure you include the information you were RFE'd for (the info about your trips).

Good luck.

Edited February 9, 2012 by Vanessa&Tony

[luvmyfamily 1]

Very clear advice vanessa&tony..

Now i understood it...

Ill juat finish filing my 2011 tax.. And ill send in a new one

I assume i still nee ti send biometrics fee?

[Leatherneck 693]

Yes i know., i just so wanna be with my husband who is in the philippines.. :c i guess another year wont do any harm... Its just that i was wondering if i could apply now., since it passed the 4 year 1 day already

I can understand that, but is there anyway to accomplish that with incurring any more absences outside of the country?

Yes you are well beyond the 4 year/1day requirement, However, the letter did state "eligibility must again be established should you meet the above requirements." Which to me is vague, without any reference as to how " eligibility must be establish."

I'm wondering if filing too early (22 days) actually triggered the denial. Rather than stating so in plain English, you got the standard lawyer/legislative statue drivel.

Edited February 9, 2012 by Leatherneck

[luvmyfamily 1]

Yeah.. I know right?? Lol

Do some IO write standart english? I ean you know direct to the point reason? And not like this?

Nah i wont take any trips for this whole year

[VanessaTony 3,567]

Very clear advice vanessa&tony..

Now i understood it...

Ill juat finish filing my 2011 tax.. And ill send in a new one

I assume i still nee ti send biometrics fee?

I believe you still send the bio fee but you might not get called for biometrics. You don't need to wait till you file the 2011 taxes but the refund might help pay for the new application

[pandawars 7]

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

don't worry about deportation...you're not going to get deported because they denied your N400. just wait one more year and reapply.

[luvmyfamily 1]

I forgot to tell you, i also applied for change name in my denied application.,

It seems that they approed it, because they now address me as my new name.. But they did not send any certificates ir acknowledgement fOr my new name

So how will I write my name now on the application??

And if i did write the new one, what document do i send for change of bame proof??