My wife’s N-400 (application for naturalization) was denied on the basis of the number of days absent from the U.S. Should we appeal or refile?

Answer

The answer depends upon whether or not the individual meets the statutory requirements for days in the U.S. If the basic requirements aren’t met, then there is nothing to appeal. There may be an option to refile at a later time (or even now, if enough days have accrued). On the other hand, if this is an issue of spending six months outside the U.S., but less than a year, in a single span, that is a rebuttable issue that might be argued. Get some case-specific advice, and look at the refiling option, if that is a clearer case. (07.Dec.2015)

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