QUESTION

Q: N-400 denied because of failure to establish the residence requirement. Appeal?

Asked on Oct 31st, 2018 on Immigration - Nebraska
More details to this question:
My uncle has been a permanent resident for 14 years. During the last 5 years, he has lived in US for more than 2.5 years to meet the citizenship requirement (he has been in US for about 7 months every year ). He has filed his taxes every year but he never had a job or house in US (he lives with his sister whenever he is in US). In the interview, the officer asked him to submit more documents that shows he has established a residency in US. He submitted his bank statements, property tax statement … but they denied his case, saying that those documents fail to establish that he has not abandoned his residency and denied him. I looked at the general requirement for naturalization and he meets all of them, Can the officer still deny him because of failing to establish a residency? Do you think it worth filing an appeal?
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1 ANSWER
Answered on Nov 29th, 2018 at 3:18 PM
Having the basic half of the time in the U. S. over the past 5 years does not mean that an immigration officer cannot deny the case if he or she believes that the individual has not kept up a primary residence in the U. S. The fact that your uncle never had a job or house or rented goes against him. Before filing an appeal, your uncle may wish to gather other items that would show ties and bonds with the United States. For example, proof of drivers license or state identity card, ownership of personal and real property, memberships in U. S. associations and clubs, U. S. credit cards, etc. If he decides to go forward with an appeal, he may also wish to explain what he has been doing in the U. S. and what he has been doing during the time that he has been overseas. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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