Need help for Citizenship Application

[koutoukou 0]

This is my history in 2 parts

My wife and children lived Outside the USA (They are not LPR)

PART I

Granted My Visa GC in 08/2008

First entry to USA 02/2009

I went back to my country 03/2009 (Mother didn`t feel well)

From 3/2009- 05/2010: I was stucked outside because i didn`t not receive my GC since my first entry and can`t get a flight)

I have had to go to the local embassy to apply for Transportation Letter (That took more than 6 months before issuing for verification purpose with USCIS)

Go back to USA 05/2010

07/2010 Went back to my country because my wife gave a baby with a difficult labor so i couldn`t stay and i have to be with her.

USCIS was still figured out why i didn`t receive my GC yet (i used a USCIS Stamp for the trip purpose)

Was stucked again from 11/2010-04/2011 : War in the country after election (aiport was closed)

05/2011: back to USA and here since then

I received a new GC card from USCIS (Filled form for replacement because USCIS considered it as lost in the transit)

So it`s been 24 months outside the USA with the reasons above.

Question: can i apply for citizenship on 08/2014 ? according to the circumstances i explained.

PART II

I had a daughter that i didn`t konw her existence until 2009.

Now my question : If I put my daughter name to my Naturalization form . Do this can deny my application ?

Thanks in advance for your responses

[AnotherLostSoul 167]

I am not sure if I answer correctly, but there is a substantial presence test you need to fulfill in order to be able to get citizenship. USCIS does not really "care" per se, why you went home, and stuff like that. You met the presence test, or you did not. I think 24 months being outside makes you ineligible for citizenship at this point. And about your "got to know daughter"...I have no idea...Good luck!

[koutoukou 0]

Thanks

[NickD 203]

Sad story about you being separated from your wife and child for so long. But the only thing that counts toward US citizenship, is the initial date you received your green card. I gather you have to wait the full five years before applying from the day your received your first green card. And also have to meet the residency requirements from that same date listed on your green card.

[VanessaTony 3,567]

08/2008 - Visa Granted

02/2009 - Entered USA/Actived visa/LPR status (eligible for USC based on 5 years (- 90 days) 12/13)

03/2009 - Left US (1 month in US)

05/2010 - Returned to US via transportation letter (455 days absent, or 14 months, 29 days)

07/2010 - Left US (2 months in US)

05/2011 - Returned to US (334 days absent, or 10 months, 30 days)

Today - still in US (730 days in US or 24 months)

Q: can i apply for citizenship on 08/2014 ? according to the circumstances i explained.

I had a daughter that i didn`t konw her existence until 2009.

Q: If I put my daughter name to my Naturalization form. Do this can deny my application?

Total time absent from US since granting GC (4 years and 2 months ago) is 24+ months. The substantial presence requirement for naturalisation based on 5 years is that you have not been out for 30 months or more, and you have not.

However, aside from the substantial presence requirement there is also the continuous residence requirements. This means any period outside the US of 6 months or more breaks continuous residence and you need to prove that you did not break this requirement. There are documents explains in the M-477 to help prove that. Such as leases, bills, tax returns etc.

The other issue is you were outside of the US for more than 12 months in one instance. You did have a travel letter BUT time outside of the US for more than 12 months is considered you abandoning GC status. If you can prove staying out was not intentional (which you claim you can with the transportation letter) then you should be okay, but expect questions.

As I stated above, you should be eligible in Feb 2014, but your window opens December 2013. You are not eligible based on the visa granted date, but on the "resident since" date on your greencard, which is the date you entered the US on your visa.

**Edit - as for the child. The child does not affect your status. Your GC was not obtained based on marriage, having children/spouse is not a requirement, so it's not considered a material misrepresentation (risking denial) if you list the child now. So no. Listing the child will not affect your citizenship application.

Edited April 18, 2013 by Vanessa&Tony