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My Case
I am a Permanent Resident with a three-year statutory residence period due to a marriage with an American Citizen. Before completing the three-year period, my husband and I stayed abroad for over 15 months. We, then, returned to US on September 14, 2008 to resume my permanent residence status.
As a result, 15 months absence from US disrupted the "continuity of my residence." Given the situation, I thoroughly studied the necessary documents pertaining to my case including the USCIS Guidelines and the Immigration and Nationality Act before applying for Naturalization.
Finally, I filed the application for Naturalization on July 23, 2010, interviewed on October 14, 2010, passed the test, and received the decision on November 6, 2010 by mail - application denied.
The USCIS Explanation
On July 23, 2010, you applied for naturalization under Section 319(a) of the Immigration and Nationality Act, as amended, herein the Act. On October 14, 2010, you were interviewed by an officer of the U. S. Citizenship and Immigration Services (USCIS) to determine your eligibility for naturalization. You stated that during the statutory period you were absent from the Unites States for a continuous period in excess of one year from May 17, 2007 to September 14, 2008 (over 15 months). You stated that the reason for your absence was that you accompanied your husband for his job.
USCIS has considered your record. Your absence from the United States of over months between May 17, 2007 and September 14, 2008 disrupted the continuity of your residence. Your have not met the burden of establishing that you meet the requirements for naturalization. Therefore, you have failed to establish eligibility for naturalization and your application must be, and hereby is, denied. You may file a new application for naturalization when you have remained physically in the United States for at least two years and one day following the date of your return to the United States to resume permanent residence, provided that all other eligibility requirements have been met.
If you desire to request a review hearing on this decision , you must file a request for a hearing within 30 days of the date of this notice…. A request for hearing may be made to the District Director and with the USCIS deciding officer, on form N-336 together with a fee of $605.
My Thoughts about the USCIS Reasons
1. USCIS Statement: Your absence from the United States of over months between May 17, 2007 and September 14, 2008 disrupted the continuity of your residence.
My Opinion: The statement is true.
2. USCIS Statement: You have not met the burden of establishing that you meet the requirements for naturalization.
My Opinion: In actuality, I have already met the requirement for my continuous residence. Looking at the Summary of Events below, from the date I returned, September 14, 2008 to September 15, 2010 showed a total equivalent of 2 years and 1 day, a period that a returning Permanent Resident is required to meet as contained in the Immigration and Nationality Act.
While, the USCIS guidelines stated that applicants may file for naturalization up to 90 days before meeting the continuous residence requirement. I filed my application on July 23, 2010, exactly 55 days prior the required date to meet my continuous residence. Considering all the facts of events I presented to the USCIS are accurate, it proved that I am eligible for naturalization.
3. USCIS Statement: You may file a new application for naturalization when you have remained physically in the United States for at least two years and one day following the date of your return to the United States to resume permanent residence, provided that all other eligibility requirements have been met.
My Opinion: Certainly, the Immigration Officer reviewed my case haphazardly considering all the facts I submitted were distinctly presented. She failed to notice the chronology of events of my residence period (or did not bother to calculate the number of years and days). It is obvious from her statement - advising me to file a new application in two years and one day following the date of my return to US, that she has no idea that September 2010 is already my second year resuming residency. While, the time I filed the application is just within the period required.
4. USCIS Statement: A request for hearing may be made to the District Director and with the USCIS deciding officer, on form N-336 together with a fee of $605.
My Opinion: Certainly, if this is the only way to call their attention I do not have an option but to request for a hearing with the USCIS. However, it looks like I will be paying $605 for a hearing just to correct their mistakes. This is a huge amount of money to waste.
Summary of Events
May 17, 2007 to September 14, 2008 - 15 months absent from the US, disrupted the continuity of residence
September 14, 2008 to September 15, 2010 - counting the 2 years and 1 day period to meet the requirement (period for returning permanent resident)
July 23, 2010 - Filed for Naturalization, exactly 55 days prior the date required to meet continuous residence (allowed to file up to 90 days before meeting the continuous residence requirement)
References for my Discussion
1. When can a Permanent Resident with a three-year statutory residence period requirement and who have disrupted his "continuous residence" apply for naturalization?
INA CFR8, Part 316 (General Requirements for Naturalization), Section 316.5d (Residence in the United States), last sentence of this section, states that "An applicant who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence."
2. When is the earliest date to file the application for Naturalization?
USCIS manual, A Guide to Naturalization, page 22 (bottom page, in a box), states that "If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement."
Action Taken
I called the USCIS Customer Service on November 8, 2010 to verify the issue. He checked the requirements and the guidelines and verified my case. He did not see any loopholes with my submission. I asked him if there is an alternative way to correct the issue other than requesting for a hearing with the District Director. His advice is to set an appointment with an Immigration Officer through an Info Pass and discuss the matter.
Very well then, I made an appointment with the USCIS through an Info Pass scheduled next week. At the same time, I am already preparing my letter of request for a Hearing with the USCIS District Director and supporting documents, just in case I really need to go as far as this. If nothing happens next week, I have to mail this letter before its deadline.
Request for your Feedback
I am afraid I might have missed something from the USCIS guidelines regarding the continuous residency and the submission policy. Is there any success story here of denied application where USCIS acknowledged their mistake, retracted their decision and saved the person from paying $605 for a hearing just to correct their mistake? I would very much appreciate your advice, suggestions, comments, opinions about my case. Thank you.
I am a Permanent Resident with a three-year statutory residence period due to a marriage with an American Citizen. Before completing the three-year period, my husband and I stayed abroad for over 15 months. We, then, returned to US on September 14, 2008 to resume my permanent residence status.
As a result, 15 months absence from US disrupted the "continuity of my residence." Given the situation, I thoroughly studied the necessary documents pertaining to my case including the USCIS Guidelines and the Immigration and Nationality Act before applying for Naturalization.
Finally, I filed the application for Naturalization on July 23, 2010, interviewed on October 14, 2010, passed the test, and received the decision on November 6, 2010 by mail - application denied.
The USCIS Explanation
On July 23, 2010, you applied for naturalization under Section 319(a) of the Immigration and Nationality Act, as amended, herein the Act. On October 14, 2010, you were interviewed by an officer of the U. S. Citizenship and Immigration Services (USCIS) to determine your eligibility for naturalization. You stated that during the statutory period you were absent from the Unites States for a continuous period in excess of one year from May 17, 2007 to September 14, 2008 (over 15 months). You stated that the reason for your absence was that you accompanied your husband for his job.
USCIS has considered your record. Your absence from the United States of over months between May 17, 2007 and September 14, 2008 disrupted the continuity of your residence. Your have not met the burden of establishing that you meet the requirements for naturalization. Therefore, you have failed to establish eligibility for naturalization and your application must be, and hereby is, denied. You may file a new application for naturalization when you have remained physically in the United States for at least two years and one day following the date of your return to the United States to resume permanent residence, provided that all other eligibility requirements have been met.
If you desire to request a review hearing on this decision , you must file a request for a hearing within 30 days of the date of this notice…. A request for hearing may be made to the District Director and with the USCIS deciding officer, on form N-336 together with a fee of $605.
My Thoughts about the USCIS Reasons
1. USCIS Statement: Your absence from the United States of over months between May 17, 2007 and September 14, 2008 disrupted the continuity of your residence.
My Opinion: The statement is true.
2. USCIS Statement: You have not met the burden of establishing that you meet the requirements for naturalization.
My Opinion: In actuality, I have already met the requirement for my continuous residence. Looking at the Summary of Events below, from the date I returned, September 14, 2008 to September 15, 2010 showed a total equivalent of 2 years and 1 day, a period that a returning Permanent Resident is required to meet as contained in the Immigration and Nationality Act.
While, the USCIS guidelines stated that applicants may file for naturalization up to 90 days before meeting the continuous residence requirement. I filed my application on July 23, 2010, exactly 55 days prior the required date to meet my continuous residence. Considering all the facts of events I presented to the USCIS are accurate, it proved that I am eligible for naturalization.
3. USCIS Statement: You may file a new application for naturalization when you have remained physically in the United States for at least two years and one day following the date of your return to the United States to resume permanent residence, provided that all other eligibility requirements have been met.
My Opinion: Certainly, the Immigration Officer reviewed my case haphazardly considering all the facts I submitted were distinctly presented. She failed to notice the chronology of events of my residence period (or did not bother to calculate the number of years and days). It is obvious from her statement - advising me to file a new application in two years and one day following the date of my return to US, that she has no idea that September 2010 is already my second year resuming residency. While, the time I filed the application is just within the period required.
4. USCIS Statement: A request for hearing may be made to the District Director and with the USCIS deciding officer, on form N-336 together with a fee of $605.
My Opinion: Certainly, if this is the only way to call their attention I do not have an option but to request for a hearing with the USCIS. However, it looks like I will be paying $605 for a hearing just to correct their mistakes. This is a huge amount of money to waste.
Summary of Events
May 17, 2007 to September 14, 2008 - 15 months absent from the US, disrupted the continuity of residence
September 14, 2008 to September 15, 2010 - counting the 2 years and 1 day period to meet the requirement (period for returning permanent resident)
July 23, 2010 - Filed for Naturalization, exactly 55 days prior the date required to meet continuous residence (allowed to file up to 90 days before meeting the continuous residence requirement)
References for my Discussion
1. When can a Permanent Resident with a three-year statutory residence period requirement and who have disrupted his "continuous residence" apply for naturalization?
INA CFR8, Part 316 (General Requirements for Naturalization), Section 316.5d (Residence in the United States), last sentence of this section, states that "An applicant who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence."
2. When is the earliest date to file the application for Naturalization?
USCIS manual, A Guide to Naturalization, page 22 (bottom page, in a box), states that "If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement."
Action Taken
I called the USCIS Customer Service on November 8, 2010 to verify the issue. He checked the requirements and the guidelines and verified my case. He did not see any loopholes with my submission. I asked him if there is an alternative way to correct the issue other than requesting for a hearing with the District Director. His advice is to set an appointment with an Immigration Officer through an Info Pass and discuss the matter.
Very well then, I made an appointment with the USCIS through an Info Pass scheduled next week. At the same time, I am already preparing my letter of request for a Hearing with the USCIS District Director and supporting documents, just in case I really need to go as far as this. If nothing happens next week, I have to mail this letter before its deadline.
Request for your Feedback
I am afraid I might have missed something from the USCIS guidelines regarding the continuous residency and the submission policy. Is there any success story here of denied application where USCIS acknowledged their mistake, retracted their decision and saved the person from paying $605 for a hearing just to correct their mistake? I would very much appreciate your advice, suggestions, comments, opinions about my case. Thank you.
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