Passed the written,english historic government questions but didn't get the citizenship certificate

[Joanah 0]

Hello,

 

this is morning I just have my N-400 interview for my citizenship,it went well,passed the written, English speaking and civic historic government questions,but they didn't give me my citizenship because of my absences in the country,my husband and I stayed in the Philippines for about 9months,but we still filed our tax before we leave the country and when we came back we filed our tax,but I guess I was a big deal that I was out more than 6months,with no residency and job.my questions is.

1. Is it possible that they'll denied my citizenship bcoz of this and get me deported?

2.Do I have to start this process all over again?

3. Is anybody have experience same as mine?

[Jordan8768 107]

If you have a green card you will not be deportable

[Michelle13 39]

I was told when I got my green card I couldn't be out of the country for longer than 6 months at a time. 

[Tdiep 27]

You should have applied for the re-entry permit to stay out of the country for more than 6 months. I assume it was the only time you stayed longer than 6 months, I don't think they will deport you at all. I have a few friends who did the same and when they entered the U.S, the officer warned them and if they keep doing it over and over again, they might lose their green card. 

 

In your naturalization case, I really don't know how it is going to affect you. Somebody else who has experienced similar situation might be able to give you some advice. 

 

Good luck and wish you the best. 

[Joanah 0]

I thank you guys for the response, yeah I hope someone will respond who had experience like mine and answer my questions,I'm kind the disappointed a little bit and have little worried but I guess only I can do now is wait..

[Going through 5,671]

The 9 month stay outside of the US will raise some eyebrows with the IO, but it will also depend on the rest of your case as well....especially how strong your ties are in the USA when determining residency, how long your other trips have been over the past 3 or 5 years (depending upon how you filed).

 

Can you be deported for the 9 month stay?  No.

 

Can you be denied citizenship and will have to wait a little while before applying again?  It's possible, but again would depend on your entire case, not just that one trip.

[MyJourney 276]

in my perception not residing in the us is a de facto sign of unwillingness to live here. you need to count 5 years from the date when you re-entered after violating the "continuous residence" requirement and then re-apply.

[Going through 5,671]

What was the reason for the 9 month stay?  Medical, emergency, etc.?  If you can prove the overstay was beyond your control you might have a shot at it being excused (if it is brought into question)...although you've already had your interview, so what did the IO say to you about the 9 month trip?

[jxn 86]

Some people are saying a reentry permit was necessary for OP's nine-month stay abroad, but this is from the USCIS Reentry Permit FAQ:

 

Quote

Q: What if I must leave the United States before I can file a Form I-131 for a reentry permit?
A: You do not need a reentry permit if you will be outside the United States for less than 1 year. If you have been outside the United States for less than 1 year, you may use your Permanent Resident Card (Form I-551) as your travel document. 

 

From this page:

Quote

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. 

 

It looks like absences between six months and one year have to be explained but there is no process from what I'm reading to get a re-entry permit for trips of less than one year. The exception is if you take up residence abroad they can consider you to have abandoned your U.S. residency.

[lovelyalex 99]

Only because the title was written like clickbait, but you don't get the certificate until you have your oath ceremony.  In case anyone  is wondering.

[jayu 21]

On 8/7/2017 at 5:17 PM, Joanah said:

Hello,

 

this is morning I just have my N-400 interview for my citizenship,it went well,passed the written, English speaking and civic historic government questions,but they didn't give me my citizenship because of my absences in the country,my husband and I stayed in the Philippines for about 9months,but we still filed our tax before we leave the country and when we came back we filed our tax,but I guess I was a big deal that I was out more than 6months,with no residency and job.my questions is.

1. Is it possible that they'll denied my citizenship bcoz of this and get me deported?

2.Do I have to start this process all over again?

3. Is anybody have experience same as mine?

1. Yes, citizenship will be denied. Read N-400 application instructions. They are pretty clear on physical presence requirements. Only US citizens cannot get deported.

2. Yes, when you fulfill naturalization criteria.

[jayu 21]

On 8/7/2017 at 5:31 PM, Jordan8768 said:

If you have a green card you will not be deportable

This is incorrect and gravely misleading!

Only US citizens are not "deportable".

[Going through 5,671]

4 minutes ago, jayu said:

1. Yes, citizenship will be denied. Read N-400 application instructions. They are pretty clear on physical presence requirements.

I think you are mixing up physical presence requirement and continuous presence requirement.

The OP cannot be denied based on one trip being longer than 6 months, so long as the total amount of days inside the US still meets or is under the limit.

The continuous presence may have been disrupted due to the one trip, but there is no re-entry permit required for trips under 1 year so they are still safe so long as they can prove their legal residence was still within the US during and after their trip abroad.

 

Trips of longer than 6 months do need to be explained at an interview, but only so far as determining continuous presence if they still meet the total amount of required days within the US.

[Going through 5,671]

I'm still curious as to what the IO had to say about the 9-month trip during the interview.

 

OP, you cannot get deported even if you get denied for citizenship---you would just apply to have your GC renewed as normal.

Edited August 13, 2017 by Going through

[jayu 21]

7 minutes ago, Going through said:

I think you are mixing up physical presence requirement and continuous presence requirement.

The OP cannot be denied based on one trip being longer than 6 months, so long as the total amount of days inside the US still meets or is under the limit.

The continuous presence may have been disrupted due to the one trip, but there is no re-entry permit required for trips under 1 year so they are still safe so long as they can prove their legal residence was still within the US during and after their trip abroad.

 

Trips of longer than 6 months do need to be explained at an interview, but only so far as determining continuous presence if they still meet the total amount of required days within the US.

She clearly stated she was out of country for more than 6 months. She doesn't satisfy PHYSICAL presence requirements for naturalization.

Edited August 13, 2017 by jayu