Ankeny, IA asked in Immigration Law for Nebraska

Q: N-400 denied because of failure to establish the residence requirement. Appeal?

My uncle has been a permanent resident for 14 years. During the last 5 years, he has lived in US for more than 2.5 years to meet the citizenship requirement (he has been in US for about 7 months every year ). He has filed his taxes every year but he never had a job or house in US (he lives with his sister once he is in US).

In the interview, the officer asked him to submit more documents that shows he has established a residency in US. He submitted his bank statements, property tax statement of a land he owned for a year … but they denied his case, saying that those documents fail to establish that he has not abandoned his residency and denied him . (they said the bank account had very small activity and the other documents didn't really prove anything).

I looked at the general requirement for naturalization and he meets all of them, Can the officer still deny him because of failing to establish a residency? Do you think it worth filing an appeal?

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1 Lawyer Answer
Ms Grace I Gardiner
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  • Immigration Law Lawyer
  • New York, NY

A: Unless you have additional documents to prove otherwise it does not make sense appealing. He needed to be present in the USA for 18 months before applying. Every time he stayed out more than 180 days before returning you had to start counting towards the five year presence

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