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?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.