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Md4764

N-400 Denied

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Filed: AOS (pnd) Country: Kenya
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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 by MercyDom
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Filed: AOS (pnd) Country: Kenya
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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 

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved to the US Citizenship main forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (apr) Country: Kenya
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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 

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Filed: AOS (pnd) Country: Kenya
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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

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Filed: AOS (pnd) Country: Kenya
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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 

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Filed: Citizen (apr) Country: Morocco
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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]

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Filed: AOS (pnd) Country: Kenya
Timeline
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?

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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 by Family
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Filed: Citizen (apr) Country: Taiwan
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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 by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (pnd) Country: Kenya
Timeline
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 

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