Citizenship Application was asked to be withdrawn during interview

[Secret]

My mother is on Greencard for since 2006, however she's been staying out of the country every 6 months. 

 

When I applied for her Citizenship in 2013, she hasn't stayed out of the US the previous 5 years (2013 thru 2008). She went thru the normal process of finger printing and then the interview in Feb 2015.

 

During the interview, the officer didn't ask any questions. He just went thru her passport and checked the dates of her travel. During 2014, my mom stayed just 2 days over 12 months (12 months and 2 days) outside of the US. The officer cited that date and said that she doesn't meet the "Eligibility requirements for Citizenship, because she stayer outside of the country for more than a year."

 

He then requested us to withdraw the application. I was there with my mother because she is handicap and requires a wheelchair and a companion. Since they didn't ask her any other questions, I've got ticked off and told the officer that they (USCIS) could have just sent a letter indicating that she is not eligible.

 

When I asked the officer what can we do to get her the Citizenship. He replied to wait for another five years from the lapse date (2014) before re-applying.

 

She still has a Greencard. It expires in Aug 2016, but I've applied to renew her GC.

 

Anyways, my question follows:

- What can I do to get her the Citizenship without waiting another 5 years?

- Can we appeal this case even though it was withdrawn (in contrast to denial of applicaiton)?

 

On a different note, she has severe Rheumatoid Arthritis and unable to walk. She's been taking treatment in Sri Lanka (that's where we are from). Not sure if there is any "medical necessity" category for the citizenship process.

 

Thanks

[JoeF]

A Permanent Resident has to live in the US. It is called Permanent Residence for a reason.

A Permanent Resident who is abroad for over a year without a reentry permit loses the GC.

Does she have a reentry permit? If not, assuming you are a US citizen, you will have to file for her GC again.

Even if she has a reentry permit, the continuous residency requirement is broken with a stay abroad of over a year.

As for medical necessity, why couldn't she get treatment in the US? Arthritis treatment is available here...

[pontevecchio]

I would add that since Insurance is now mandated and compulsory, treatment options here could seem attractive now. In addition you have to talk to a Lawyer to avoid the remote possibility of the next interviewer considering her GC void in view of one year and 2 days stay abroad.