USCIS Naturalization N400 - Please Help

[KingJordan 1]

Hello everybody

I have a real situation here and i need all help as much as you could guys , wanna know what to serouisly do .

I got married in 2006 to my American wife , i came to united states July 2008 recieved my conditional green card after 20 days and removed conditions on green card in 2010 .

I went back home to my country for "3" Years for family emergency overseas , and when i came back to chicago entry i enter the united states with no problem and they asked me how long u were out of USA i said the truth 3 years , they let me in ... that was early last year in Feb 2013 .

I have a 7 years daughter and 2 years son with same american wife and we still together since 2006 , and i would like to apply for my N400 .

my green card with me since 2008 , SSN and everything else with me since 2008 and iam all good and zero crime or speed tickets there is no law break .

So do you think i will be approved for my n400 or i will be denied !

Please give me an answer

thanks

[BigDaddy28 228]

To be honest with you, you can't apply now. You have to wait for 3 years after you came. Every trip you take more then a year resets your time to 0. So now you don't meet the residence requirement. Good luck

[Shub 78]

If you already applied, it's pretty safe to say you will be denied simply because you do not meet the physical presence requirement. When applying based on the 3-year marriage rule, you need to have been physically in the US for a total of more than 548 days (>18 months) over the 3 years preceding the date of your application. It doesn't sound like you meet that basic requirement so you will probably be denied.

If you have not applied yet, you probably should not bother and wait until you are eligible. If you came back in February 2013 and have not traveled since, you will be eligible around December 2015.

Edited March 3, 2014 by Shub

[KingJordan 1]

is there any More answers guys ?

[JimmyHou 614]

is there any More answers guys ?

I know it's not what you're hoping to hear, but Silkafi88 and Shub are right.

You have to wait before you apply and even then, you'll be questioned about why you were gone for so long.

You should not apply now; your chances of approval are very small.

Edited March 3, 2014 by JimmyHou

[kzielu 1,154]

Here's your answer - http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Read it carefully. There will be no more answers other than ones given above.

[KingJordan 1]

well i asked a question before here and many people told me Not to do that thing but a guy showed and said hey dont listen Just do it , and i did it and i made it , so i would love to hear more that way iam sure an answer will come for my situation .

thanks all for your responds

[Shub 78]

That other question you had in the past was surely a different situation. There are always naysayers who will give you incorrect/incomplete answers because they don't like something you said -- for example, I see this often when dealing with undocumented aliens who were deported and would like to come back legally; such people are often told they cannot come back, period, even though they may be able to apply for waivers of inadmissibility.

In your case though, the simple fact is you don't meet basic requirements for naturalization at this time. Don't let me stop you from applying if you want, but don't come back saying you weren't warned if USCIS denies your application.

As an applicant for naturalization based on 3 years of residence and marriage to a US citizen, these are the BASIC requirements:

- 3 years or more since you became a permanent resident (you meet that requirement)

- 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer (you do not meet that requirement)

- Over 18 months of physical presence in the US (you do not meet that requirement)

- 3+ months of having lived in the same USCIS district as where you are applying (I don't know if you meet that requirement)

- Good moral character (I don't know if you meet that requirement)

- English & civics knowledge (I don't know if you meet that requirement)

- Attachment to the constitution (I don't know if you meet that requirement)

If you were out of the country for more than a year, you can apply for naturalization as early as 2 years and 1 day after your return to the US, provided you meet all the other requirements, so you may be able to apply around February-March of 2015, feel free to look into that. But I do not see any way you would be approved if you applied today.

[kzielu 1,154]

well i asked a question before here and many people told me Not to do that thing but a guy showed and said hey dont listen Just do it , and i did it and i made it , so i would love to hear more that way iam sure an answer will come for my situation .

thanks all for your responds

You've been given link to USCIS pages with detailed requirements - what other answer are you expecting ? Somebody to tell you that it'll be fine. I can write it for you if it makes you feel better, but won't change the fact it'll be meaningless...

[KingJordan 1]

ok what you said is all clear and i meet all other requirement but the 3 years present in the US .

What about if my staying overseas for 3 years wasnt on my request ! like what if the reason of staying away from the united states for 3 years wasnt in my hands and i have a real writting reason ?

That other question you had in the past was surely a different situation. There are always naysayers who will give you incorrect/incomplete answers because they don't like something you said -- for example, I see this often when dealing with undocumented aliens who were deported and would like to come back legally; such people are often told they cannot come back, period, even though they may be able to apply for waivers of inadmissibility.

In your case though, the simple fact is you don't meet basic requirements for naturalization at this time. Don't let me stop you from applying if you want, but don't come back saying you weren't warned if USCIS denies your application.

As an applicant for naturalization based on 3 years of residence and marriage to a US citizen, these are the BASIC requirements:

- 3 years or more since you became a permanent resident (you meet that requirement)

- 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer (you do not meet that requirement)

- Over 18 months of physical presence in the US (you do not meet that requirement)

- 3+ months of having lived in the same USCIS district as where you are applying (I don't know if you meet that requirement)

- Good moral character (I don't know if you meet that requirement)

- English & civics knowledge (I don't know if you meet that requirement)

- Attachment to the constitution (I don't know if you meet that requirement)

If you were out of the country for more than a year, you can apply for naturalization as early as 2 years and 1 day after your return to the US, provided you meet all the other requirements, so you may be able to apply around February-March of 2015, feel free to look into that. But I do not see any way you would be approved if you applied today.

You've been given link to USCIS pages with detailed requirements - what other answer are you expecting ? Somebody to tell you that it'll be fine. I can write it for you if it makes you feel better, but won't change the fact it'll be meaningless...

If you trying to Joke here , i suggest you just forget it ... also what i said was clear and what you also said was clear but i didnt direct the question to you , there is a point trying to reach by asking these questions about the N400 .

[Shub 78]

ok what you said is all clear and i meet all other requirement but the 3 years present in the US .

What about if my staying overseas for 3 years wasnt on my request ! like what if the reason of staying away from the united states for 3 years wasnt in my hands and i have a real writting reason ?

It doesn't matter, sorry.

For the continuous residence requirement, there are extenuating circumstances when your absence is over 6 months but less than a year, and there is a form you can file to apply to preserve continuous residence when you're going to be out of the country for over year, but only under circumstances which you would not have qualified for anyway, so that's a moot point.

There's nothing that can save you from that physical presence requirement though.

[Cathi 5,869]

You can ask the question as many times as you want, the answer will stay the same. Be thankful that you were even allowed back into the country after being gone for 3 years and not having a re-entry permit. For all intents and purposes after being outside the US for 1 year you should have been required to forfeit your green card. Bottom line, you do not meet the residency requirement, it doesn;t matter that you were gone for a so called family emergency. If they bend the rules for you, they would have to bend them for everyone.

But if you want to file and lose the application fee, no one is stopping you. Just don't come back crying and asking for advice when you get the denial letter.

[Lynkali 163]

Be thankful that you were even allowed back into the country after being gone for 3 years and not having a re-entry permit. For all intents and purposes after being outside the US for 1 year you should have been required to forfeit your green card.

That's what I thought as well, and I'm surprised it took so many posts before someone mentioned it. How was the OP even allowed entry into the USA and is his/her green card still valid after a 3-year period abroad, with no advance parole? I thought that automatically invalidated your green card. Am I wrong?

[KingJordan 1]

Jordanian ! me too .

I wont get denied , but USCIS can hold my application for a period of time to make me live here for a year more to complete the process , but i wont file now but iam making sure for everything .

and i was away 5 years and when i entered the united states , i didnt last more than 2 mins with the officer so i guess this is a good luck from God .

I appricate all of you guys

You can ask the question as many times as you want, the answer will stay the same. Be thankful that you were even allowed back into the country after being gone for 3 years and not having a re-entry permit. For all intents and purposes after being outside the US for 1 year you should have been required to forfeit your green card. Bottom line, you do not meet the residency requirement, it doesn;t matter that you were gone for a so called family emergency. If they bend the rules for you, they would have to bend them for everyone.

But if you want to file and lose the application fee, no one is stopping you. Just don't come back crying and asking for advice when you get the denial letter.

[Shub 78]

Jordanian ! me too .

I wont get denied , but USCIS can hold my application for a period of time to make me live here for a year more to complete the process , but i wont file now but iam making sure for everything .

USCIS does not hold applications of ineligible applicants until they become eligible. They take your money, deny you and tell you to apply when you are eligible.

and i was away 5 years and when i entered the united states , i didnt last more than 2 mins with the officer so i guess this is a good luck from God .

Yes, that was definitely very lucky.