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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28195
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am an LPR and applied, which has been denied because I

Customer Question

I am an LPR and applied for citizenship, which has been denied because I stayed outside usa for 6 month but less than one year.My 4 year and one day shall be completed on february 3 2016, Can I apply for adjustment of my status to pend my application till February 3 and there after my citizenship application may be finalized.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I'm sorry but i am not clear on your question. Could you restate it for me.

Apologies, I want to make sure I answer what exactly you are asking.

Judith

Customer: replied 1 year ago.
Could you tell me law under which I can apply for adjustment of my status for citizenship under 4 year and ! day law , when it has been denied only for the default that I stayed outside usa for more than 6 month and less than a year and I accepted employment abroad during such absence,
Expert:  Judith replied 1 year ago.

I am still not clear. Anytime you break the continuous residence rule and have been outside the US you have to start the 4 years all over again. However, you get credit for the year you return so you only have to wait 4 years and 1 day.

You can file the N-400 90 days before you meet that requirement So it is 3 years 9 months and one day that you have to wait.

Does that answer your question?

Let me know if I am still not clear.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
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In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
Could you please quote relevant section of law under INA where I can file an n appeal for adjustment of my status or for some comdonation
Expert:  Judith replied 1 year ago.

Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)

http://www.uscis.gov/n-336

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 1 year ago.
Was this the information you wanted?
The appeal has to be filed within 30 days of the denial.
Judith

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