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Al Bundy

Request for Evidence (Continuous stay)

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After getting an immigration visa, I arrived in the US with a temporary document with an instruction that I should complete the process and get my green card through the nearest field office. Within 3 weeks of me arriving, government shut down for about three weeks. I was unable to get a social a SSN or the greencard. I ran out of resources. I decided to return to my now former home country to sell off all the assests I had and have a cushion of funds as I start. I stayed out of the US for 9 months. I applied for neutralization and during the interview, I was told to produce evidence that I had not abandoned my green card as I was away for longer than the allowed 6 months. Since i did not have any documentation to do anything in the US (green card or SSN), I cannot provide any paperwork such as letters or bills that show address of abode, taxes or employment records. Additionally, I was staying with a long time friend and had a verbal agreement to be contributing towards rent. How do I show continuous residence without having a paper trail that proves so? If I had come to this forum before submitting, I probably would have waited. But I am here now.

 

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I am not sure you mean neutralixation but this is a very personal question that only you would know, you mentioned you needed 9 months to sell off your assets so presumably there was a reason it took so long, that may be the evidence you need.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 minutes ago, Boiler said:

I am not sure you mean neutralixation but this is a very personal question that only you would know, you mentioned you needed 9 months to sell off your assets so presumably there was a reason it took so long, that may be the evidence you need.

Thanks for the response Boiler. By neutralization I mean applying for citizenship. It was a combination of waiting to have the green card in order for me to be allowed back in the US. That may be easy to show. Its the evidence for the other part of selling off assets that I am trying to find. I have read that affidavits are the least likely documents to convince an IO. 

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Affidavits are pretty useless, receipts, bank deposits that sort of thing.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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52 minutes ago, Boiler said:

I am not sure you mean neutralixation but this is a very personal question that only you would know, you mentioned you needed 9 months to sell off your assets so presumably there was a reason it took so long, that may be the evidence you need.

He meant naturalization. :mellow:

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Posted (edited)
1 hour ago, Al Bundy said:

After getting an immigration visa, I arrived in the US with a temporary document with an instruction that I should complete the process and get my green card through the nearest field office. Within 3 weeks of me arriving, government shut down for about three weeks. I was unable to get a social a SSN or the greencard. I ran out of resources. I decided to return to my now former home country to sell off all the assests I had and have a cushion of funds as I start. I stayed out of the US for 9 months. I applied for neutralization and during the interview, I was told to produce evidence that I had not abandoned my green card as I was away for longer than the allowed 6 months. Since i did not have any documentation to do anything in the US (green card or SSN), I cannot provide any paperwork such as letters or bills that show address of abode, taxes or employment records. Additionally, I was staying with a long time friend and had a verbal agreement to be contributing towards rent. How do I show continuous residence without having a paper trail that proves so? If I had come to this forum before submitting, I probably would have waited. But I am here now.

 
  •  

I also left the US for 9 months, but had home and a car and a son here, and also bank account. However, when I consulted an attorney he advised me to wait 5 years from the date of my return to the US, and I am just doing that.

My advice is:

1. Based on your description,You have no chance getting approved and I don't think you should worry about this.

2. You said that USCIS are asking you to prove that you did not abandon your residency. This is different from providing a proof that you kept a continuous residency. Be careful here, if the issue that you did not have continuous residency, then your application will be denied and you can apply again when you complete 5 years after your last return to the US. I am afraid if you are told that you have to prove that you did not abandon your residency that you will face more difficulties keeping your green card (I hope not). However, I think you should seek legal help immediately before you do anything. Best luck

Edited by Zaidba

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If you would fill out your timeline it would eliminate many of the questions we are asking, one at a time.  

The timeline is not to feed our nosy natures. It's so that we can better answer your questions and give advice without asking a string of questions that wouldn't be necessary with the basic information provided in your timeline. 


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On 8/8/2019 at 1:58 PM, Zaidba said:

1. Based on your description,You have no chance getting approved and I don't think you should worry about this.

2. You said that USCIS are asking you to prove that you did not abandon your residency... I am afraid if you are told that you have to prove that you did not abandon your residency that you will face more difficulties keeping your green card (I hope not).

It's not so clear cut. 

1. Applicant is presumed to have broken continuous residence after a departure more than 6 months -- unless s/he can provide evidence (a) the trip was intended to be short but extenuating circumstances kept them abroad longer, and (b) they maintained strong ties to the US (maintained a home in the US, paid utilities, received mail there, filed taxes, had open bank accounts, had health insurance coverage in the US, kept family in the US, did not take employment abroad, etc.)

2. You can't lose residency unless you stay abroad for more than 1 year, or claim not to be a US resident on official documents. The issue here is possible break in continuity of residence.

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19 hours ago, afrocraft said:

It's not so clear cut. 

1. Applicant is presumed to have broken continuous residence after a departure more than 6 months -- unless s/he can provide evidence (a) the trip was intended to be short but extenuating circumstances kept them abroad longer, and (b) they maintained strong ties to the US (maintained a home in the US, paid utilities, received mail there, filed taxes, had open bank accounts, had health insurance coverage in the US, kept family in the US, did not take employment abroad, etc.)

2. You can't lose residency unless you stay abroad for more than 1 year, or claim not to be a US resident on official documents. The issue here is possible break in continuity of residence.

You are absolutely right in everything you wrote. However, I based my opinion on what he wrote, he did not have any connection to the US during his absence for 9 months. You mentioned conditions of maintaining strong ties with the US and he clearly stated that he had none.

I did not say that he will lose residency. He said that the USCIS asked him to provide evidence that he did not abandon his permanent residency. I said that this may indicate a serious situation because they usually ask to provide evidence that you had enough ties to prove your continuous residency, not that you have not abandoned residency.

Therefore, and in view of his situation and his way handling the whole matter, I suggested that he seeks a legal advice and still think this is in his best interest.

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7 hours ago, Zaidba said:

You are absolutely right in everything you wrote. However, I based my opinion on what he wrote, he did not have any connection to the US during his absence for 9 months...

Therefore, and in view of his situation and his way handling the whole matter, I suggested that he seeks a legal advice and still think this is in his best interest.

OP needs a bit of creativity and, yes, perhaps some legal help. This will be a tough one, but I wouldn't suggest that the case is lost yet. Without knowing what immigrant visa s/he initially obtained and other personal circumstances, it's difficult to provide advice, but I can think of a few things that may weigh positively in his/her favor:

 

Evidence of the context

  • A letter to USCIS describing the circumstances around his departure (shutdown, decision to travel, etc.)
  • Newspaper articles around that period of the shutdown, with dates of the shutdown
  • Press releases from Social Sec. administration, USCIS showing delays in processing documents for employment, etc.
  • Travel reservations showing round-trip ticket returning to the US within 6 months of departure, and changes to reservation

Evidence that s/he maintained US residence:

  • A simple, written and signed lease agreement with his/her longtime friend representing the terms of the stay (e.g., how much rent is AND that the rent would cover bills, etc.)
  • Evidence of the "rent payments" (e.g., bank statements with rent transactions)
  • Cell phone bills (assuming s/he at least got a phone line upon arriving the US) covering the period of absence
  • Evidence that family members stayed in the US while s/he was abroad

Evidence that s/he abandoned foreign ties

  • Evidence of disposal of foreign assets (suggesting abandoning foreign ties in favor of US ones): Deeds of sale, checks/receipts, foreign bank account statements supporting sale of significant assets (house, car, valuables, etc.)
  • Evidence that the funds raised were brought back to the US (e.g., FinCEN form 105 declaration of funds brought into the US, US bank statements showing transactions)

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7 minutes ago, afrocraft said:

OP needs a bit of creativity and, yes, perhaps some legal help. This will be a tough one, but I wouldn't suggest that the case is lost yet. Without knowing what immigrant visa s/he initially obtained and other personal circumstances, it's difficult to provide advice, but I can think of a few things that may weigh positively in his/her favor:

 

Evidence of the context

  • A letter to USCIS describing the circumstances around his departure (shutdown, decision to travel, etc.)
  • Newspaper articles around that period of the shutdown, with dates of the shutdown
  • Press releases from Social Sec. administration, USCIS showing delays in processing documents for employment, etc.
  • Travel reservations showing round-trip ticket returning to the US within 6 months of departure, and changes to reservation

Evidence that s/he maintained US residence:

  • A simple, written and signed lease agreement with his/her longtime friend representing the terms of the stay (e.g., how much rent is AND that the rent would cover bills, etc.)
  • Evidence of the "rent payments" (e.g., bank statements with rent transactions)
  • Cell phone bills (assuming s/he at least got a phone line upon arriving the US) covering the period of absence
  • Evidence that family members stayed in the US while s/he was abroad

Evidence that s/he abandoned foreign ties

  • Evidence of disposal of foreign assets (suggesting abandoning foreign ties in favor of US ones): Deeds of sale, checks/receipts, foreign bank account statements supporting sale of significant assets (house, car, valuables, etc.)
  • Evidence that the funds raised were brought back to the US (e.g., FinCEN form 105 declaration of funds brought into the US, US bank statements showing transactions)

None of these seem to apply.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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