N-400 Denied

[Md4764 18]

I submitted my N-400 on April 10 2024. I passed my interview on July 1st but got denied today. For the following reasons 

On July 9, 2021, you was admitted as permanent resident in immigrant classification IR1.
On July 1, 2024, you appeared for an interview to determine your eligibility for naturalization. At the interview, you provided testimony under oath. During your interview you stated that you traveled outside of the United States on April 9, 2024 and returned on April 24, 2024. That you visited Nigeria. Additionally, you stated that you filled your Form N-400 on April 10, 2024, while in transit in Istanbul.
After reviewing the evidence and the testimony provided at the interview, USCIS records indicate that you are ineligible for naturalization the following reason(s):
During the interview and review of your application with an Immigration Services Officer, you confirmed that you resided at……  from February 9, 2023, to the time of filing your application on April 10, 2024. In order to qualify for naturalization under section 319 of the Immigration and Nationality Act, you must reside in a State or USCIS Service District having jurisdiction over your application for at least 3 months before you may file Form N-400. USCIS records reflect that you were outside the United States preceding to the filing of your Form N-400. Unfortunately, ineligible for naturalization at this time.
You were outside the United States preceding to the filing of your Form N-400 For this reason, you are ineligible for naturalization at this time. See section 319(a) of the Immigration and Nationality Act (INA).
You have not established that you are eligible for naturalization under section 319 of the Immigration and Nationality Act (INA). Therefore, for the reason(s) stated, we must deny your Form N-400 application. If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 calendar days of service of this decision (33 days if this decision was mailed).
See Title 8, Code of Federal Regulations (8 CFR), sections 336.2 (a) and 103.8(b). Without a properly filed Form N-336, this decision will become final. See section 336 Immigration and Nationality Act (INA).

I have resided in my current residence more than a year to day before filing the form
I was only on vacation to my home country for 2 weeks. I don’t meet the requirements for denial. 
I want to submit an appeal but it will cost around $780, can I get my appeal money refunded since the uscis officer clearly made a mistake?
Thanks

Edited July 11 by MercyDom

[pushbrk 12,542]

6 minutes ago, Md4764 said:

I submitted my N-400 on April 10 2024. I passed my interview on July 1st but got denied today. For the following reasons 

On July 9, 2021, you was admitted as permanent resident in immigrant classification IR1.
On July 1, 2024, you appeared for an interview to determine your eligibility for naturalization. At the interview, you provided testimony under oath. During your interview you stated that you traveled outside of the United States on April 9, 2024 and returned on April 24, 2024. That you visited Nigeria. Additionally, you stated that you filled your Form N-400 on April 10, 2024, while in transit in Istanbul.
After reviewing the evidence and the testimony provided at the interview, USCIS records indicate that you are ineligible for naturalization the following reason(s):
During the interview and review of your application with an Immigration Services Officer, you confirmed that you resided at……  from February 9, 2023, to the time of filing your application on April 10, 2024. In order to qualify for naturalization under section 319 of the Immigration and Nationality Act, you must reside in a State or USCIS Service District having jurisdiction over your application for at least 3 months before you may file Form N-400. USCIS records reflect that you were outside the United States preceding to the filing of your Form N-400. Unfortunately, ineligible for naturalization at this time.
You were outside the United States preceding to the filing of your Form N-400 For this reason, you are ineligible for naturalization at this time. See section 319(a) of the Immigration and Nationality Act (INA).
You have not established that you are eligible for naturalization under section 319 of the Immigration and Nationality Act (INA). Therefore, for the reason(s) stated, we must deny your Form N-400 application. If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 calendar days of service of this decision (33 days if this decision was mailed).
See Title 8, Code of Federal Regulations (8 CFR), sections 336.2 (a) and 103.8(b). Without a properly filed Form N-336, this decision will become final. See section 336 Immigration and Nationality Act (INA).

I have resided in my current residence more than a year to day before filing the form
I was only on vacation to my home country for 2 weeks. I don’t meet the requirements for denial. 
I want to submit an appeal but it will cost around $780, can I get my appeal money refunded since the uscis officer clearly made a mistake?
Thanks

Probably less expensive and more likely to succeed, if you simply apply again.

[Md4764 18]

Just now, pushbrk said:

Probably less expensive and more likely to succeed, if you simply apply again.

Please can you give me more reasons why you think that? I went through all the reasons for denial and I don't sew why I was denied, I’m so confused 

[TBoneTX 44,391]

Thread is moved to the US Citizenship main forum.

[Timona 4,116]

19 minutes ago, Md4764 said:

In order to qualify for naturalization under section 319 of the Immigration and Nationality Act, you must reside in a State or USCIS Service District having jurisdiction over your application for at least 3 months before you may file Form N-400.

 

9 minutes ago, Md4764 said:

I don't sew why I was denied, I’m so confused 

 

[Md4764 18]

2 minutes ago, Timona said:

 

 

Before submitting my application, I had already resided in my location for at least 14 months and I still reside here. So I don’t see where the 3 months time applies to me

[pushbrk 12,542]

28 minutes ago, Md4764 said:

USCIS records reflect that you were outside the United States preceding to the filing of your Form N-400. Unfortunately, ineligible for naturalization at this time.

This seems to be the key to me.  If the appeal costs $780 and online refiling costs $710, you'll get faster and cheaper results but just filing a new N400.

[Md4764 18]

2 minutes ago, pushbrk said:

This seems to be the key to me.  If the appeal costs $780 and online refiling costs $710, you'll get faster and cheaper results but just filing a new N400.

My worry is that if I submit a new application, they might deny it again. But with the appeal, they could properly look at my case and see that they made a mistake. I tried contacting a lawyer for advice on what to do. It’s frustrating how they deny without proper proof 

[OldUser 5,855]

8 minutes ago, Md4764 said:

My worry is that if I submit a new application, they might deny it again. But with the appeal, they could properly look at my case and see that they made a mistake. I tried contacting a lawyer for advice on what to do. It’s frustrating how they deny without proper proof 

If you don't travel once you apply, they won't have a chance to deny based on that.

[Crazy Cat 41,010]

10 minutes ago, Md4764 said:

My worry is that if I submit a new application, they might deny it again. But with the appeal, they could properly look at my case and see that they made a mistake. I tried contacting a lawyer for advice on what to do. It’s frustrating how they deny without proper proof 

The path of least resistance would be to just refile, imo.  Just file from inside the US....and don't leave.

[JeanneAdil 6,398]

The supervisor may look at the petition and discover the error

 

but you can be proactive and write to the supervisor of the office 

 

send dated photo state ID or DL showing when  u started living there along with the page from the N400 instuctions highlighting the section on residency 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6

 

B. Place of Residence

The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent.^[3] The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location.^[4]

[Md4764 18]

5 minutes ago, JeanneAdil said:

The supervisor may look at the petition and discover the error

 

but you can be proactive and write to the supervisor of the office 

 

send dated photo state ID or DL showing when  u started living there along with the page from the N400 instuctions highlighting the section on residency 

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6

 

B. Place of Residence

The applicant’s “residence” refers to the applicant’s principal, actual dwelling place in fact, without regard to intent.^[3] The duration of an applicant’s residence in a particular location is measured from the moment the applicant first establishes residence in that location.^[4]

Thanks for your reply, 

You think I can write the supervisor directly with all evidence?

[Family 3,818]

15 hours ago, Md4764 said:

I want to submit an appeal but it will cost around $780, can I get my appeal money refunded since the uscis officer clearly made a mistake?

File the N-336 . You will win.
Denial is a Service Error as nothing in the statute prohibits filing for naturalization while physically outside ( like for example a rentry permit )

 For naturalization , temporary travel does not invalidate one’s established domicile/residence and you clearly meet all the residence and physical presence test.

 

 

 

 

Edited July 12 by Family

[Crazy Cat 41,010]

6 minutes ago, Family said:

File the N-336 . You will win.
Denial is a Service Error as nothing in the statute prohibits filing for naturalization while physically outside ( like for example a rentry permit )

 For naturalization , temporary travel does not invalidate one’s established domicile/residence and you clearly meet all the residence and physical presence test.

 

 

 

 

You would rather request a hearing vs re-filing?  Seems, to me, refiling would be quick, easy, and maybe faster. Practical remedy.

Edited July 12 by Crazy Cat

[Md4764 18]

4 minutes ago, Family said:

File the N-336 . You will win.
Denial is a Service Error as nothing in the statute prohibits filing for naturalization while physically outside ( like for example a rentry permit )

 For naturalization , temporary travel does not invalidate one’s established domicile/residence and you clearly meet all the residence and physical presence test.

 

 

 

 

That’s what I plan on doing because I strongly believe they made an error. I contacted a lawyer to help me with the appeal. It just really sucks that I’m the one paying for their mistake. Thanks