Skip to main content

I went today for my final interview for naturalization. everything went well. I signed all the papers, but got denied.

Seattle, WA |

He told me it was because I had to be physically present in the United States for 813 days . Which I have . But I was OUT for 813 . I believe he got confused . , ( i was present in the US for more than one thousand days ) . Anyways , he told me he was going to review . , but I am sure he will deny it . What should I do ?

+ Read More

Attorney answers 4

Posted

Don't be so sure he'll deny--bad energy. He may review it, and figure out it's fine. If not, then you will get a written decision with the express reason for the denial. In that case I'd have a consultation with an attorney just to verify everything. If it is all correct, and the reason given in the written decision is clearly wrong, then file the appeal.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

Barbara A Marcouiller

Barbara A Marcouiller

Posted

Thanks! Barbara _____ I am using the Free version of SPAMfighter <http://www.spamfighter.com/len> .. SPAMfighter has removed 728 of my spam emails to date. Do you have a slow PC? <http://www.spamfighter.com/SLOW-PCfighter?cid=sigen> Try a free scan!

Asker

Posted

Hi there, Thank you so much for now. I am trying to be optmist but I was caught by surprise today. I just have one more question... Isnt it 30 months the total amount of time that a person has to be physically in the US? I dont seem to find where did he come up with the number 812.5 days that he wrote on the paper. If the law says 30 months out of the 5 years, that should be: 900 days. It doesnt make any sense. What would be the minimum days? He said I was out by 1 (one) day only!

Barbara A Marcouiller

Barbara A Marcouiller

Posted

The law actually counts periods if 24 hours. You must have been physically present for at least 1/2 of the 5 years times 365 days for each year. 5 x 365 divided by 2 is actually 912.5. Don't count the day you leave, because it hasn't been 24 hours yet.

Posted

You should consult an experienced immigration attorney. The attorney can review your application and assess your eligibility. Assuming you are correct, the attorney could submit a brief memorandum on your behalf specifically addressing this issue. They can also assess your chances of success on a petition for rehearing, if necessary.

Posted

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

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.

Posted

That's right: don't be so pessimistic. I hope the officer can count, even though sometimes they do make mistakes. So, hope for the best, and if gets denied, APPEAL!! But not before you review your documents with an attorney. Good luck!

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer