Reschedule naturalization interview due to pregnancy

[gnakr 43]

I think this thread has ran its course, and has started veering too far away from OPs original question. She's been presented with all the basic facts, and she has accordingly decided on a course of action. I don't think there is a need to add anymore to what must be an otherwise stressful time for her.

[dilip 187]

2 hours ago, gnakr said:

I think this thread has ran its course, and has started veering too far away from OPs original question. She's been presented with all the basic facts, and she has accordingly decided on a course of action. I don't think there is a need to add anymore to what must be an otherwise stressful time for her.

I agree - Can any moderators stop to post on this?

[Ready to do it 101]

19 hours ago, Davide66 said:

I might be missing your point, but you are definitely missing my point.

My priority at this point in time is the baby. I need to protect my baby's health and my own health. Everything else comes after, including US citizenship and residency. I will deal with those when the time comes in all their details and facets.

Will I be denied residency or citizenship or both? We already have other solutions in place. There isn't just the United States on this planet.

Honestly I didn't understand at all what you were trying to say in your last paragraph.

You didn't understand my last paragraph because your line of thinking is opposite of an individual of one who is trying to not lose their US residency or one who in the future wants to try for US Citizenship.  I.e. When deciding that you do not want to lose your US LPR and/or when one decides they want to  try to become a USC, EVERYTHING in your life needs to revolve around that.  You have clearly stated that everything is revolving around the baby right now and then you will worry about US residency and USC.   You just hit the nail on the head with why you are not understanding what anyone is telling you. I suspect you will have a tough road ahead in regards to your US LPR and/or USC journey.  Good luck with the baby! 

 

I should note... it's probably all for the best that you not worry about your US status and just come to terms that you will probably lose your green card and start a new life elsewhere.  I mean, you need to be focued on the baby.  Starting a family is supposed to be a joyous time.  Will you lose your Permanent Residency?  Who knows, but it's too late to worry about that now, assuming you are not willing to return prior to April. Good luck!

Edited August 21, 2019 by Ready to do it

[ponyo_rocks 7]

I can share my experience, though not your situation exactly.

 

I stayed abroad while pregnant for a period of 8.5 months and returned to the US with my baby and my green card (no visa for baby). My baby got GC at POE and no questions were asked - had REP previously, but it had expired. The 8 months was part of a longer trip outside the country (overall planned absence was ~2 years, I had re-entry permit for my first return to the US while 7 months pregnant. I had no job and insurance, so having the baby in the US for citizenship was out of the question. So, I went back to have baby. If I were not pregnant, I would have returned within the 2 years of my re-entry permit. 

 

I broke continuous residence for sure - so only applied for N-400 benefit after my lengthy absence was completely out of 5 years. But my guess is, if you meet physical presence, did not take up employment abroad and have appropriate medical evidence, you can make a rebuttal for break in CR due to 8 month absence. IO may accept.

 

Absence of 1+ years without Re-entry permit implies abandonment of GC. Absence of 6+ months invites scrutiny, but abandonment is not presumed. Especially since you'll come back with a newborn, your medical evidence may bring some relief. Few people travel with a very very small baby.  Also you have a USC spouse, USC baby, a house etc and you are doing this for the first time (I hope). 

 

Even if they want to, the way to take away your GC is to make you appear in front of an IJ, not by taking away your GC at airport, unless you specifically sign a document to give it away. Lets say you are abroad, 8 months pregnant and your absence is nearing 6 months, its unrealistic to make a trip at that time (there are always exceptions). People usually end up having the baby and returning when the mom and baby are healthy enough. 

[Davide66 5]

7 hours ago, ponyo_rocks said:

I can share my experience, though not your situation exactly.

 

I stayed abroad while pregnant for a period of 8.5 months and returned to the US with my baby and my green card (no visa for baby). My baby got GC at POE and no questions were asked - had REP previously, but it had expired. The 8 months was part of a longer trip outside the country (overall planned absence was ~2 years, I had re-entry permit for my first return to the US while 7 months pregnant. I had no job and insurance, so having the baby in the US for citizenship was out of the question. So, I went back to have baby. If I were not pregnant, I would have returned within the 2 years of my re-entry permit. 

 

I broke continuous residence for sure - so only applied for N-400 benefit after my lengthy absence was completely out of 5 years. But my guess is, if you meet physical presence, did not take up employment abroad and have appropriate medical evidence, you can make a rebuttal for break in CR due to 8 month absence. IO may accept.

 

Absence of 1+ years without Re-entry permit implies abandonment of GC. Absence of 6+ months invites scrutiny, but abandonment is not presumed. Especially since you'll come back with a newborn, your medical evidence may bring some relief. Few people travel with a very very small baby.  Also you have a USC spouse, USC baby, a house etc and you are doing this for the first time (I hope). 

 

Even if they want to, the way to take away your GC is to make you appear in front of an IJ, not by taking away your GC at airport, unless you specifically sign a document to give it away. Lets say you are abroad, 8 months pregnant and your absence is nearing 6 months, its unrealistic to make a trip at that time (there are always exceptions). People usually end up having the baby and returning when the mom and baby are healthy enough. 

Thank you for sharing your experience. It was very refreshing that someone is supporting and validating my point and situation.

I'm confident that I will be fine both with residency and citizenship, as I've been saying all along, in spite of all the naysayers on this forum. I know that I'm not breaking any rule, maybe just the continuous residence requirements, but I know I qualify for the exceptions.

My husband and I have been married for over 5 years, together for 6 and a half years, and just now I was able to get pregnant. Because of my age (over 35) my pregnancy is considered high risk. This might be our only chance to have a baby, which is the dream of my lifetime. We live in constant fear that something might happen and we end up without baby forever. That's why I'll do anything necessary to protect my health and the baby's health. A healthy baby starts in the womb of a healthy mother. I'm sure that any immigration judge (if it will ever get to that point) will consider my situation and circumstances and give me a break. 

[Davide66 5]

In spite of the request made by a couple of users of this forum, I wish for this thread to remain open so that other users, like "ponyo-rocks" here above, can share their experiences similar to mine, and also to keep posting updates about my situation, for whoever wants to keep following my story.

So I kindly ask the moderators so disregard the request to close this thread made by users "gnakr" and "dilip".

Thank you

[Davide66 5]

Just a quick update about my situation:

My citizenship interview has been rescheduled for January 15.

I contacted USCIS to further reschedule the interview for April or thereafter, and I was given 15 days to provide further documentation to backup my request.

With the baby due in three weeks I hope I can find the time and the energy to fulfill even this requirement.

[Going through 5,668]

9 hours ago, Davide66 said:

Just a quick update about my situation:

My citizenship interview has been rescheduled for January 15.

I contacted USCIS to further reschedule the interview for April or thereafter, and I was given 15 days to provide further documentation to backup my request.

With the baby due in three weeks I hope I can find the time and the energy to fulfill even this requirement.

Best of luck in your situation.  

 

Unfortunately, if you do not respond back with documentation to backup your request within the time period allotted, USCIS will outright deny the N400.

 

Subsequently (in case you weren't aware) if the 2nd reschedule request is filled, and the 3rd appointment date later given also doesn't work out for you, the N400 will be automatically denied if you are a no-show to the interview.  Unfortunately USCIS  doesn't always follow the applicant's request for a specific date range when the interview will occur (as they are naturally more concerned with their own timeline and not someone else's)....so there also runs the risk that it's again rescheduled sooner than you would have liked.

 

I hope in your case, it will work out where they will heed your request for the time period in April (or after) that you are looking for....and not reschedule it for before then.  If you can, also submit documentation from your OBGYN in regards to your medical issues surrounding the baby.  Good luck.

[Going through 5,668]

Also just to clarify as you didn't mention this in your update:

 

Are you back inside the US now, or still abroad?

 

 

[Davide66 5]

I'm still abroad delivering the baby in three weeks (supposedly but not surely: childbirth is not an exact science).

I will be travelling back to the US after the baby gets the mandatory immunizations given at three months after birth. So it looks like the return flight will take place at the beginning of April.

We already contacted my gynecologist to obtain the requested documentation. I hope that this time USCIS will reschedule the appointment for a date after our return to the US.

Thanks for your well wishes.

[LTTN 10]

Honestly even if the N-400 got denied you can always re-apply some other time, your health and your baby's health is all that matters so try not to let it cause you too much stress. 

[Davide66 5]

Indeed that's my frame of mind: baby first, everything else comes after.

[Davide66 5]

Just a quick update on my situation:

on May 31 I returned to the US with my husband and our marvelous five months baby boy. Our journey back to the US was delayed by 50 days and our flight canceled four times because of the Covid-19 before we were able to head back.

The immigration officer at the port of entry (Atlanta) welcomed us back to the US without asking one single question and with a smile on his face (you could tell even if he was wearing a mask).

So not only I was able to save my residency after staying outside the US for eleven months and a week, but I wasn't even tortured with questions at the port of entry.

I also received the notification for my citizenship interview which will take place on July 20, after I postponed my previous two interviews from overseas.

I hope that after saving my residency, I can get citizenship without any trouble.

[Davide66 5]

Final update on my citizenship saga:

today I received a notification from USCIS stating that I was awarded US citizenship. I had my citizenship interview on August 14, and at that time the officer told me that she couldn't make a decision on the spot, like they usually do, because she needed to double-check with a supervisor regarding the continuity of residence requirement that I violated, but for which I knew I qualify for the exceptions. The officer told me to wait one week for the notification. It took a month and a half, but all ended well, and on October 9 I will have my citizenship ceremony.

I would like to thank the few users who supported me in this thread, and specifically ponyo-rocks and LTTN and the moderators for keeping this thread open in spite of the specific request to close it made by a couple of users.