Legal Question in Immigration Law in Florida

Immigration Question.

I was denied citizenship and am required to resubmit my application because i moved from orlando to west palm beach (180 miles away) for a job opportunity. They state that i violated ina act 316 (a)(1). i dont interpret the law to be this way, i see it as staying in my state or regional office. I stayed in the same state (florida). Any advice? i would reapply but its $850, and i would appeal but its $650.

(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

Asked on 4/26/13, 1:13 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Within 30 days of the denial, you should have been able to file a Motion to Reopen or an Appeal. Beyond that, you have to re-file.

You may have been denied because you were not in the United States 2 1/2 out of the 5 years prior to filing the application.

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Answered on 4/28/13, 5:14 pm

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