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N 400 ... please

South San Francisco, CA |

my mother apply for us citizenship on nov 1, she wen to the interview and the person on the interview ask her several question about the trips outside usa. she told her that a decision can be made at that time , they send a letter that was denied because she was out of the country 1183 day and only 687 inside the usa... from 2008 to 2012 .....we have a reeentry permirt (2005 to 2007) , the motive of her trips was ,that i am(his son) us citizen and have a cronic illnes since 4 years ago and if i cut my treatment, i can die (she went to work to give me support) i have been 4 yeas in stanford hospital
is better that my mother reapply for a n400?
o in a hearing can she get a victory over that decision that we have all the probes about my illnes that have beeen there since 200

we have all the probes papers from thehospital and letters that can show the complicate situation also my mother get her lincese driver a moth a go

Attorney Answers 3

Posted

Your mother was not eligible to naturalize. A re-entry permit is used to merely establish that your mother did not intend to abandon her status. It allowed your mother to apply for admission to the United States after remaining abroad for up to two years without having to obtain a returning resident visa. A re-entry permit cannot be used to establish continuous residence in the United States. An extended absence of more than longer than six months from the United States will still break the continuity of residence in the United States for naturalization purposes regardless of whether a person has a re-entry permit. Effectively, a re-entry permit helps insulate a person from losing their lawful permanent residence due to abandonment.

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Posted

She will have to reapply once she meets all the requirements. The purpose of the trips abroad is not relevant.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

She probably did not meet the physical presence requirement. There are no exceptions to this rule.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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