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  1. #1
    Join Date
    Jun 2009
    Posts
    3

    Default Citizenship Denied - Spent Nights in Mexico with Wife

    My wife was given voluntary departure and was advised to leave the country. I was supposed to bring her back after I became a citizen, but my application was denied because for two years I had been spending nights in Mexico (although working in US) with my wife. The officer advised me to wait another two years and re-apply for citizenship and spend nights in the US. I am afraid to be denied again, can this work? How can I be sure?

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Citizenship Denied - Spent Nights in Mexico with Wife

    You did not give a lot of details, but it sounds like the denial was based on you not following the "continuous residence" in the US naturalization guidelines. Your comments would lead me to be assume that your residence is actually in Mexico, and you just commute to the work in the US.


    For natualization, there are specific requirments for how long you must be a permanent resident before you can apply for citizenship. As long as your residence is perceived to be in Mexico, that time is not counted toward the amount of time you need to be an LPR for natualization purposes.

    So, I am not sure about the exact amount of time, but they seem to be correct in advising you to spend the nights in the US to establish a residency here.

  3. #3
    Join Date
    Jun 2009
    Posts
    3

    Default Re: Citizenship Denied - Spent Nights in Mexico with Wife

    Thank you for your response. Before my wife left to Mexico, I only needed two years to become a citizen. She has been in Mexico for 4 years and I have been coming to see her for the last one year and a half after my application was denied. I go see her almost everyday and go back to the US at night. Can this affect me?. This has caused great hardship for me and for her being alone (I don't understand how a judge can't see how separating a marriage does not cause hardship) I will be re-applying for the citizenship in a few months, but I hope the time I spent in sleeping in Mexico won't affect me then. Any advice on how to bring back my wife to the US?

  4. #4
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Citizenship Denied - Spent Nights in Mexico with Wife

    What you have to prove is that you have continuously resided in the US during a two year period. Any time out of the US greater than 60 days will delay that time.

    So now it seems for the last year and one half, your residence is in the US (where you primarily sleep every night) and you visit your wife daily in Mexico? I would say this would technically be okay, but you have to realize that given the previous situation, they are going to be skeptical that you actually do that. I am sure they are going to question you about it also look for evidence that you are home every night.

    Unfortunately, we cannot predict how they will interpret your evidence.

    With the voluntary departure your wife was issued, did you get a determination on a period of exclusion from entering the US? Depending on how long she was in the US out of status, she may be eligible to re-enter. You could file a petition to sponsor her and wait for a Spouse VISA to become available for her to enter the US.

    You can check out this link about petitioning your spouse and get some idea of what needs to be done.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

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