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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28299
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: 3 years ago.
Category: Immigration Law
Expert:  Judith replied 3 years 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?

JACUSTOMER-4lq317ya- :

yes

JACUSTOMER-4lq317ya- :

what month is better

JACUSTOMER-4lq317ya- :

for re apply

Business Imm Law :

what was the exact date you returned in 2010?

JACUSTOMER-4lq317ya- :

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

JACUSTOMER-4lq317ya- :

yes that i now

Business Imm Law :

very good

JACUSTOMER-4lq317ya- :

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.

JACUSTOMER-4lq317ya- :

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

JACUSTOMER-4lq317ya- :

thank u too

Business Imm Law :

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

Expert:  Judith replied 3 years ago.
You can print out our conversation if you want.
Judith
Expert:  Judith replied 3 years 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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