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No decision after US Citizenship Interview due extended time out of the country

Rochester, NY |

My husband has been out of the country twice during his time in the US. On one trip, he stayed outside the country for more than 6 months (11 months to be exact). On his second trip, around 5 months. When we called USCIS before applying for the N-400, they said we need to prove that he did not disrupt continous residence by providing evidence that he was still connected to the US. We provided all the evidence. When we came to the interview, the interviewer was very rude and didn't even read his application before the interview started. She did not read any of the letters we had provided about the reasons for being outside the country. He passed the civics test and then handed him a sheet saying that no decision was made at the present time?
Should we cancel the application and start again?

is it very rare for USCIS to approve such cases?

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Attorney answers 4

Posted

You need to seek legal advice (and should probably have done so before applying).

More needs to be known about the situation/reasons for the trip - and how long ago the interview was. Not unusual for a decision to be deferred; may simply be a newer officer whose decisions need supervisor review. Too many variables to answer here; speak with a lawyer directly..

Asker

Posted

Thank you!

Posted

There is no information in your posting that can be used to make a determination as to whether to withdraw the application or not.

You really need to retain an experienced immigration lawyer to review all the facts and advise you accordingly.

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.

Asker

Posted

Thank you!

Posted

Unfortunately the interviewers often do not have time to review the files before the interview. And they cannot make such decisions at the interview without checking with their supervisors, etc., as these decisions are discretionary for the most part. Do not start again - you will receive a decision in the mail, or a request for more evidence. Do not take the interviewer's actions to heart. They are doing their job for the most part. Not always, but usually.

Asker

Posted

Thank you to all, we were just shocked because during the green card process, the person who handled the case was very organized. This interviewer had sheets all over the Buffalo office, was rummaging through the paperwork. It is never easy to hear bad news or in this case, no decision, but we even made a table of contents for all the letters we submitted discussing the issue of his extended stay abroad. What is the point of paying the fees if USCIS is not even reviewing the case properly?

Deborah Lynne Karapetian

Deborah Lynne Karapetian

Posted

The fee is for the benefit you will hopefully eventually get! If you proved your point - which you said you did - you should be OK, but not ever case with an absence of 11 months is approved. I would suggest you see an attorney now while you have time to supplement. Then you won't waste time later on.

Asker

Posted

Thank you, although, I am not sure what is meant by supplement? The interview has already taken place.

Posted

I agree with the other attorneys that answered, I suggest that you hire an immigration attorney to help you.

Reza Athari
Attorney at Law
Certified Specialist - Immigration and Nationality Law
State Bar of California - Board of Legal Specialization
http://members.calbar.ca.gov/search/member_detail.aspx?x=186915

Main office: Las Vegas, Nevada
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Las Vegas, NV 89120
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Barstow, California
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Barstow, CA 92311
Telephone: (760) 957-7220
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St. George, Utah
Reza Athari & Lui, Pllc

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St. George, UT 84770
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http://www.stgimmigrationattorneys.com/

Salt Lake City, Utah
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525 W 5300 S Suite 150
Murray, UT 84123
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http://www.slcimmigrationattorneys.com/
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