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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24929
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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On January 2008 I obtain permanent resident status.I apply

Customer Question

On January 2008 I obtain permanent resident status.I apply N-400 form on March 2013 and on May i was in interview.My application denied because continuous resident i was absent for 272 days in 2009 and 201 days in 2010,During that period i was study in my country.I submitted a certificate from University,which confirmed that i was enrolled as a student.My family stay in that period in US but I do not do Income Tex on this time.Also i did not obtain employment while abroad!May i submit a request for a hearing on Form N-336 or not?And when i can reapply for citizen after 5 years from USCIS decision or after 5 years sens my last long trip in 2010?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Business Imm Law :

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Business Imm Law :

Yes, you may request a haring on N-336. You will have to present evidence that you maintained a residence such as a lease, utility bills, etc., and it is still highly possible that because you exceeded the 6 months you will still be denied

Business Imm Law :

Generally the exception is made when you work for a US employer, such as a US university who has a branch abroad and you have tenure in the US school but teach abroad. You still are paid in the US

Business Imm Law :

This is an example of when you can exceed the 6 month rule.

Business Imm Law :

You may file again 4 years and 1 day following your date of return to the US on the last trip that exceeded 180 days

Business Imm Law :

You can apply in 2014

Business Imm Law :

Hello are you there?

Customer :

yes

Customer :

what month is better

Customer :

for re apply

Business Imm Law :

what was the exact date you returned in 2010?

Customer :

it was october 21

Business Imm Law :

Then you can file on October 22, 2014.

Business Imm Law :

Remember you still have to have 30 out of the 60 months before filing in the US

Business Imm Law :

That is a total of 30 months

Customer :

yes that i now

Business Imm Law :

very good

Customer :

thank for yor help

Business Imm Law :

i'm sorry this happened to you but I don't think you will win the appeal hearing

Business Imm Law :

You are welcome and please remember to give me a positive rating if you are satisfied.

Business Imm Law :

You can always start future questions with "FOR JUDITH" and I will be your personal expert.

Customer :

what u think better apply n336 or wait for re apply N400

Business Imm Law :

Wait, it is expensive to appeal and I do not think you will win

Business Imm Law :

It is throwing away money

Business Imm Law :

Have a good evening, my friend

Customer :

thank u too

Business Imm Law :

Thank you for using JA and come back!.....Judith

Expert:  Judith replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Judith replied 1 year ago.
You can print out our conversation if you want.
Judith
Expert:  Judith replied 1 year ago.

Hello. I am just checking it to inquire if my answer was helpful.
Keep in mind that I only get credit for my work if you rate me positively. If you're satisfied with my answer and my professionalism appreciate your positive rating. If I can answer anything further, please just ask. I have 34 years experience and there probably isn't much I cannot answer for you competently.
Judith

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Judith
Judith
Immigration Lawyer
24929 Satisfied Customers
34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.