Jump to content
Sign in to follow this  
yeya

Citizenship on hold

9 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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 by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


AOS

day 1 -- 04/11/2012-- package sent to Chicago

day 2 -- 04/12/2012-- package was received.

day 43-- 05/23/2012-- Notice for an interview is received for 06/26 @ 2pm

day 63-- 06/12/2012-- Received a Text & email for an update- Card production EAD/AP

day 77-- 06/26/2012-- interview / approved on the spot.

day 86-- 07/05/2012-- Received my GC in the mail.

ROC

day 1 -- 04/07/2014 -- ROC Package delivered to VSC

day 16 -- 04/23/2014 -- Walk-in Bio.

day 197 -- 10/20/2014-- Approval Letter received dated 10/16/2014

day 202 -- 10/25/2014-- GC received

Share this post


Link to post
Share on other sites

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.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites

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.


STANLEY & KAREN
01/15/2009 - Fedex I-130, I-485, I-693, I-864, I-765, G-325A
01/20/2009 - Received in mail-room and signed for by J CHYBA
01/28/2009 - Checks cashed by Homeland Security
02/02/2009 - Received in mail 3 pcs of NOA1 one each for I-485, I-130, I-765 dated 01/28/2009
02/03/2009 - Received email RFE. What did I not send now, whew!
02/09/2009 - Received mails for initial evidence and Biometric appointment (02/19/2009); mailed evidence
02/19/2009 - biometrics done - in a out in 45 minutes
03/14/2009 - Receive NOA2 dated 03/10/2009. AOS interview April 29, 2009
03/18/2009 - Touched. EAD Card production ordered
03/25/2009 - Touched. EAD approval sent
03/27/2009 - EAD card received in the mail; applied for SS# immediately (office is across the street from my home)
04/02/2009 - Received SS# in the mail
04/29/2009 - Interviewed. I- 130 approved, I-485 pending IO's review
05/05/2009 - Received NOA2. Welcome letter for Permanent Residency. I-130 and I-485 approved 04/30/2009
05/08/2009 - Touched. I-485 approval letter sent
05/11/2009 - GC received in the mail. Expires 2019
05/11/2009 - Applied to remove restrictions on my SS Card
05/18/2009 - Received unrestricted SS card

10/13/2009 - My darling husband of 2 yrs 5 months 3 weeks 3 days passed away :(

Naturalization Process (5 Yrs Later) :goofy:

Mar 28, 2014 - Mailed N-400
Apr 08, 2014 - Check cashed
Apr 09, 2014 - Receive Notice letter Priority date April 3, 2014
Apr 11, 2014 - Touched - Email - Biometrics letter mailed
May 08, 2014 - Biometrics done
May 12, 2014 - Touched - Email - In line for interview scheduling
July 12, 2014 - Pre-interview letter (Yellow letter) received in mail
Aug 20, 2014 - Touched - Email - Interview scheduled
Aug 25, 2014 - Interview scheduled for Sept. 24, 2014
Sept 24, 2014 - Passed interview
Oct 06, 2014 - Touched - Email - In oath scheduling que
Oct 08, 2014 - Touched - Text - Oath ceremony scheduled
Oct 14, 2014 - Received letter - Oath ceremony Oct 28, 2014
Oct 28, 2014 - I AM A US CITIZEN! :joy: :joy: :joy:
Nov 12, 2014 - Updated my status from permanent resident to citizen at Social Security
Nov 14, 2014 - Applied for US passport
Nov 29, 2014 - Received US passport book
Dec 01, 2014 - Received Passport card
Dec 04, 2014 - Received Naturalization Certificate

--------------------
KayCee

Ccut.jpg.png

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×