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Al Bundy

Request for Evidence (Continuous stay)

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On 8/8/2019 at 2:42 PM, belinda63 said:

So you have been in the US for five years (to apply for citizenship) but never had a green card?

Here is the timeline

May 2013 - received notice that I had fulfilled all the requirements for the Diversity Immigrant Visa. Temporary DV attached to passport

August 23, 2013 - Arrived in the US. Temporary visa voided and instructed to complete process (get GC) at local USCIS field office. 

October 1 2013 - Government shuts down (still no GC or SSN in hand). Cant get a job, open a bank account. 

October 16 2013 - Government reopens

October 23 2013 - Still no documentation. Decision made to go back and sell off whatever is remaining

February 2014 - GC is mailed by my friend to my parent's address in "home" country

July 7 2014 - Back in US. Have been here since.

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1 hour ago, Al Bundy said:

Here is the timeline

May 2013 - received notice that I had fulfilled all the requirements for the Diversity Immigrant Visa. Temporary DV attached to passport

August 23, 2013 - Arrived in the US. Temporary visa voided and instructed to complete process (get GC) at local USCIS field office. 

October 1 2013 - Government shuts down (still no GC or SSN in hand). Cant get a job, open a bank account. 

October 16 2013 - Government reopens

October 23 2013 - Still no documentation. Decision made to go back and sell off whatever is remaining

February 2014 - GC is mailed by my friend to my parent's address in "home" country

July 7 2014 - Back in US. Have been here since.

According to this timeline, you've never been out of the US for over 6 months.

Why were you questioned about that?

And, how is it that you don't have any paper trail after being in the US for 5 years? You should have a bank account, paychecks from your job, tax returns, memberships to something, phone bill, etc.

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Filed: K-1 Visa Country: Wales
Timeline

October to July is more than 6 months.

“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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7 minutes ago, Allaboutwaiting said:

According to this timeline, you've never been out of the US for over 6 months.

Why were you questioned about that?

And, how is it that you don't have any paper trail after being in the US for 5 years? You should have a bank account, paychecks from your job, tax returns, memberships to something, phone bill, etc.

I was outside the US from October 2013 to July 2014. I was in the US initially for 2 months. So I do not have paper trail from August 2013 when I entered the first to July 2014 when I returned. During the 2 months here, I could not build a paper trail as I did not have documentation that allowed me to do so. I have all the paperwork(employment history, tax returns, bank accounts...) from July 2014 up to date. 

 

Also, 5 years has elapsed from the time I returned (July 2014 to August 2019). So I am wondering whether I can also argue from that point.

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1 minute ago, Al Bundy said:

Also, 5 years has elapsed from the time I returned (July 2014 to August 2019). So I am wondering whether I can also argue from that point.

I think you can, as you've resided continuously in the U.S. for five years before applying. 

 

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9 hours ago, Al Bundy said:

Here is the timeline

May 2013 - received notice that I had fulfilled all the requirements for the Diversity Immigrant Visa. Temporary DV attached to passport

August 23, 2013 - Arrived in the US. Temporary visa voided and instructed to complete process (get GC) at local USCIS field office. 

October 1 2013 - Government shuts down (still no GC or SSN in hand). Cant get a job, open a bank account. 

October 16 2013 - Government reopens

October 23 2013 - Still no documentation. Decision made to go back and sell off whatever is remaining

February 2014 - GC is mailed by my friend to my parent's address in "home" country

July 7 2014 - Back in US. Have been here since.

The 5 years required from your return to the US to the time you apply. You are calculating the time from your return to the time of the interview, and that is not how it works. If you had waited 5 clear years after your return until the date of your application, the USCIS would not have asked to present an evidence of ties to the US during your absence. Again, I think it will be in your best interest to get legal help.

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Filed: K-1 Visa Country: Wales
Timeline
10 minutes ago, afrocraft said:

None? Did you read my list?

Yes

“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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21 hours ago, Al Bundy said:

Also, 5 years has elapsed from the time I returned (July 2014 to August 2019). So I am wondering whether I can also argue from that point.

As @Zaidba has stated, this won't fly. Your only prayer is to prove, through evidence, that even though you stayed away beyond 6 months, you in fact maintained a residence in the US without regard to your intent. Maintenance suggests ongoing access to one's US residence (so merely having a lease/title to a house is insufficient). I provided a framework in my previous post. See excerpts of the USCIS Policy Manual Vol 12 Chapter 3 below. Good luck!

 

Quote

1. Absence of More than Six Months (but Less than One Year)
An absence of more than six months... during the period for which continuous residence is required is presumed to break the continuity of such residence...

 

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

 

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:

  • The applicant did not terminate his or her employment in the United States or obtain employment while abroad.
  • The applicant’s immediate family remained in the United States.
  • The applicant retained full access to his or her United States abode.

 

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22 hours ago, Allaboutwaiting said:

I think you can, as you've resided continuously in the U.S. for five years before applying. 

 

What I mean is that, at the time I applied, August 2018, its was 5 years from the time the GC was received but less than 5 years after the 9 year absence. It has been a year since I submitted the N400 and therefore now 5 years after return from the 9 months absence. Will it be of any benefit to bring that up or I should let the submission of evidence play out? If the application is denied, then I can put in a new application where the absence wont be a factor as it will be outside the immediate past 5 years period.

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Filed: Citizen (pnd) Country: India
Timeline

If you didnt have any solid evidence to provide for your 9 month absence (bank accounts, tax returns etc), it would have been better to wait until July 7th 2019 to apply. It appears you applied on Aug 2018 where the 9 month absence was still within the 5 year range and hence the burden is on you to prove that you had ties. Even if the interview takes place a year after you apply, the interviewer will still look at the 5 years before the date of application. 

 

As you said, provide what affidavits you can and if you get denied due to break in continuous residence, reapply immediately. If you see the wording abandoning permanent residency in your denial letter, then see a lawyer.

 

 

 

 

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On 8/11/2019 at 9:20 AM, Al Bundy said:

Here is the timeline

May 2013 - received notice that I had fulfilled all the requirements for the Diversity Immigrant Visa. Temporary DV attached to passport

August 23, 2013 - Arrived in the US. Temporary visa voided and instructed to complete process (get GC) at local USCIS field office. 

October 1 2013 - Government shuts down (still no GC or SSN in hand). Cant get a job, open a bank account. 

October 16 2013 - Government reopens

October 23 2013 - Still no documentation. Decision made to go back and sell off whatever is remaining

February 2014 - GC is mailed by my friend to my parent's address in "home" country

July 7 2014 - Back in US. Have been here since.

I know this isn’t what you’re asking but I don’t understand this. A diversity visa is a normal immigrant visa. You enter on it, It becomes a temporary green card valid for one year as per the notation at the bottom, and you use that for everything you need a green card for while you wait for the plastic one to arrive.  So what exactly were you supposed to do at the local uscis? You had valid proof of being an LPR all along.

 

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  • 5 weeks later...

Thanks everyone for the insights and questions. They made me examine different scenarios and the best course of action. 

An update:

August 16 - I submitted 3 affidavits;

  • From me - explaining in detail the circumstances that led to me being away and that I have been in the US for 5 years since my prolonged absence as well as reasons for not having a paper trail.
  • From my friend where I was staying - explaining that he was aware that my absence was temporary, that he kept "my room" during my absence and that we were constantly on my status. He also explained that the agreement for financial contributions towards expenses was verbal based on the fact that we have known each other for a long time.
  • From my parents - Explaining that I stayed in his house the entire time I was away from the US and that he was aware that I was only there to raise money by selling assets.

I also got a screenshot of the announcement for the shutdown.

These are the only documents I submitted.

 

August 10 - USCIS acknowledged receipt of my documents.

September 11 - I recieved a notice that my application was approved and I should attend a naturalization ceremony.

 

 

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