Citizenship on hold

[yeya 0]

Hello guys I would like to hear some advice on my case:

I'm a n-400 April filler, I had the interview at August the eight, and decision could not be made towards my case at the moment, I passed the English and the History test. Making the story short back in 2010 and 2011 I have to trips longer than 6 moths, less than one year, the reason is I was studying full time in my home country while my father, a nationalized US citizen, was for here to provide me schooling without me worrying about money.

Later on I received a letter from the immigration office requesting more paperwork showing that I maintained my residence here like:

Lease/ Mortgage Policy, witch I don't have under my name, but I could get an affidavit from my father's renter, since he is renting the same townhouse since I became a resident, is this enough?

Deed of Trust? of what?

w-2s, witch I don't have either because I was not working these years.

Bank Accounts, I do have them since my father was sending money trough them.

Utility Bills, and Tax Transcripts one again not under my name, but my fathers.

On your experience, the paperwork I have available would be enough, or it will be better to add some paperwork from my home country like Diplomas or certificates???

Thank you so much, I will appreciate any advice.

[onek 306]

How were you able to stay longer than 6 months in another county on PRC and return back to the US? Your Permanent Resident status gets revoked if you stay over six months on PRC.

[adtoe1105 0]

sounds very specific, and since ultimately, as you mentioned, you did go over the six months abroad...it is up to the officer reviewing your application and doing the interview to take additional factors into consideration.

Make an infopass appointment, get as much evidence as you can, and make sure to make a letter with your explanation mentioning all the evidence being provided and get it signed and notarized to give it an additional touch of formality.

If your dad is vouching for you, a letter from him might also go a long way.

Maybe, by adding all this into the mix, the officer may be persuaded to provide approval.

Good luck.

[JimmyHou 610]

You need to present documents that show that you were maintaining your residency in the US. That includes bills, mortgage documents, insurance payments, tax returns, etc.

This is my opinion: I don't think that documents that show why you were abroad will help at all. USCIS doesn't care why you left, they want to see that you didn't give up intent to reside in the US.

Staying out of the country for more than 6 months does not cause you to lose your greencard (see below)

. It may however, cause your continuous residence to be disrupted, which means your N400 clock resets from when you return. That is what they are trying to determine from the documents they have requested. If they decide that you broke continuous residency, you wait 4 years from the day you returned to live in the US and then you can file.

Permanent resident status is revoked for the following reasons. Staying abroad for 6 months is not one of them.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently

Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

Fail to file income tax returns while living outside of the United States for any period

Declare yourself a nonimmigrant on your tax returns

Edited August 22, 2014 by JimmyHou

[adtoe1105 0]

Couldn't have said it better JimmyHou...

But as I stated, maybe if you present the addtl evidence and make your personal plea during the infopass appointment and in the letter, the officer MAY be able to make an exemption, key enphasis on *MAY*...as JimyyHou said...the law is clear on the requirements.

Again..good luck, let us know what happens.

[DC85 113]

Did you submit your school transcript to the officer ? if you didn't then get your transcript and submitted with the RFE. My friend got his citizenship and he was approved and he was in a similar situation like you. His interview was in fairfax. In addition, submit anything related to your family if your dad claimed you as dependent in his Tax that would be great, if not then it's very important you show that your family lives here it's considered as a supporting material that you didn't break your continuous residence. if your dad used to send you money, include that proof. Finally, write a letter and explain in details that you had to stay more than 6 month for school and explain your tie to the USA. Good luck

[JimmyHou 610]

Couldn't have said it better JimmyHou...

But as I stated, maybe if you present the addtl evidence and make your personal plea during the infopass appointment and in the letter, the officer MAY be able to make an exemption, key enphasis on *MAY*...as JimyyHou said...the law is clear on the requirements.

Again..good luck, let us know what happens.

Did you submit your school transcript to the officer ? if you didn't then get your transcript and submitted with the RFE. My friend got his citizenship and he was approved and he was in a similar situation like you. His interview was in fairfax. In addition, submit anything related to your family if your dad claimed you as dependent in his Tax that would be great, if not then it's very important you show that your family lives here it's considered as a supporting material that you didn't break your continuous residence. if your dad used to send you money, include that proof. Finally, write a letter and explain in details that you had to stay more than 6 month for school and explain your tie to the USA. Good luck

Perhaps my earlier post wasn't accurate... I didn't think USCIS would need or be interested in an explanation of why the OP was away for over six months, but I'll defer to people who went through similar situations.

[kcoyclay1 98]

How were you able to stay longer than 6 months in another county on PRC and return back to the US? Your Permanent Resident status gets revoked if you stay over six months on PRC.

Incorrect. Not 6 months but 1 year.

[yeya 0]

Lots of thank for all the people that have read my case and took their time to give their advice. At the time of the interview i had one translated copy of my bachelor degree, but the officer was more interested in the US documents. My father did mentioned me as his dependent in his taxes, so i will attached a copy from his taxes with his additional statement. One again thanks, i will gather everything i can in this 20 days.