Fremont, CA asked in Immigration Law for California

Q: Should I File n-336 or new n-400 application?

My moms n-400 is denied on the grounds of not meeting continuous residence criteria.

The thing is she had re-entry permit so that’s why she was outside the USA for a year or so.Per uscis She should have been outside USA for no more than 906 days but she was for 913 days, do u think we can make uscis reverse their decision by filing n-336 or better to file n-400, her application was filed on aug -2018 , she has been in the USA since May 2019 till today and she did not break continuous residency in between .

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1 Lawyer Answer
Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: If your mother did not meet the requirements at time of filing, then it would be a waste of money to send the N-336. Better to refile the N400.

1 user found this answer helpful

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