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VisaJourney.com > General Family Based Immigration Topics > US Citizenship General Discussion

flavaofsummer
lets say ur case has a 50/50 chance of being granted due to over staying outside usa but u still have that 50% chance they will grant it..will confidence and talking positively help? does that make any impression? what if i cry and look scared will that help or make it worse cuz im scared and seriously might cry and look scared? what should i do and not do? what r the do's and dont's in this situation? im a female incase u think the mans gona cry lol
lucyrich
50/50?

The law and regulations discuss the eligibility requirements in fairly clear detail. They try to be clear enough so that there's nobody on the borderline. Either you meet the eligibility requirements or you don't. There is also a body of case law and decisions that help clarify the application of the law to specific situations.

If you really believe your case is one of those that's ambiguous enough where you think you have a 50/50 chance of being approved, I'd urge you to find a good immigration attorney with experience in the area where your case is ambiguous. By understanding the law and the way it's been applied to cases like yours in the past, a lawyer may be able to clarify for you that your case is not 50/50 but more like 98/2 or something like that. Regardless, having someone experienced and competent to help argue your case is probably much more important than whether you cry in front of the officer.

Confidence can't hurt. But it's best if it's confidence that comes from knowledge of your case circumstances, knowledge of the law and regulations, and knowledge of how the two have combined in past cases similar to yours.
Staashi
QUOTE(flavaofsummer @ Apr 21 2008, 02:03 PM) *
lets say ur case has a 50/50 chance of being granted due to over staying outside usa but u still have that 50% chance they will grant it..will confidence and talking positively help? does that make any impression? what if i cry and look scared will that help or make it worse cuz im scared and seriously might cry and look scared? what should i do and not do? what r the do's and dont's in this situation? im a female incase u think the mans gona cry lol


Not to be mean, but I think you're a fool if you think that crying and looking scared is going to help your case. How many people have begged and pleaded to stay in the US and the officers are not moved - what are you doing???...a citizenship application. You're allowed to be here as an LPR, but if you don't play by the rules on travel, you give up your right to be considered as eligible for citizenship during the time period prior to your application.

Anyone, and I mean anyone, who spends money on the application knowing that they're out of status, due to international travel, is just throwing that money away to the US government without hope of seeing it again. Citizenship isn't so much a right as it is a priviledge...although you do have the right to apply following certain conditions. If you abuse that priviledge, by attempting to apply when you shouldn't, you really have no recourse if they deny your case. I am pretty positive, based on other cases I've read about, that they will deny citizenship if your travel has been too lengthy and they will let you know that you have to reapply when you're back in status.

Good luck...you surely will need it. unsure.gif unsure.gif unsure.gif
ohmy
Hey,
Quick question, you overstayed outside of the US? or did you overstay in the US? just trying to understand since I too overstayed but in the US?
flavaofsummer
what i mean is that i do qulify if i didnt they wouldnt have accepted my application. i mean like u know sometimes even if u have everything right they stil can deny u on what they think just based on how they judge u they can deny u. my case qulifies but im just paranoid about what they will say.. and just to let u know there is 50/50 in everything even when u apply cuz its entirely up to them what they decide. u can be right or wrong.
QUOTE(ohmy @ Apr 21 2008, 02:32 PM) *
Hey,
Quick question, you overstayed outside of the US? or did you overstay in the US? just trying to understand since I too overstayed but in the US?

YuAndDan
QUOTE(ohmy @ Apr 21 2008, 02:32 PM) *
Hey,
Quick question, you overstayed outside of the US? or did you overstay in the US? just trying to understand since I too overstayed but in the US?
This topic is posted to citizenship forum, so I assume they are asking about US residency requirements needed to naturalize.

If they had overstayed a visa to the USA sometime in the past, that had to be handled before getting the green-card, it does not affect naturalization.

If they are denied naturalization, it does not mean that they will also lose green-card, they can always apply again for naturalization when residency requirements are met.
warlord
QUOTE(flavaofsummer @ Apr 21 2008, 02:03 PM) *
lets say ur case has a 50/50 chance of being granted due to over staying outside usa but u still have that 50% chance they will grant it..will confidence and talking positively help? does that make any impression? what if i cry and look scared will that help or make it worse cuz im scared and seriously might cry and look scared? what should i do and not do? what r the do's and dont's in this situation? im a female incase u think the mans gona cry lol


The only thing that will work is having damn good proof that you didn't break your continuous residency while you were gone and that you were still maintaining ties to the US. Even something simple as working in another country is considered breaking your residency. So you need to have a really solid case to prove to them that you maintained it. Cry all you want, either you broke it or you did. You might want to save the tears for after in case you are denied rather then in the interview where they are immune to that sort of ploy...
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