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Posted

hello guys , please someone guide me!

i got my gc august 2015 was at us for two months then applied for reentry permit to be out of us for one year and 11 months , i had problems to take care of my father, i backed to us on september 2017 , I waited four years and one day and applied on September 15 2021 for naturalization, i also had a trip between march to September 2020 for 5 months and half because of start of covid i left us, i had my interview on may 2022 , appeared for interview everything was good except officer asked me during two years absence do you have any proof that shows you related to country like rent leasing or bank accounts…, for sure I didn’t have because I applied for reentry permit to be out of country to fix my problems i only had my father related documents that shows he was sick at the time so io took that documents from me and told me we send you form n-14 for additional documents and you get it in one week, it’s been 5 months past my interview no form and no decision, I emailed uscis and said I didn’t receive any form , they replied if we need something from you we will contact you and your case pending adjudication, also officer at the interview got my original home country passports ( expired and unexpired) and told me we will give it to you in ceremony!!! Why he told me that ? What you think about my case ?

Filed: K-1 Visa Country: Wales
Timeline
Posted

I assume you applied without a Lawyer, with that history a mistake.

“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.”

Posted
9 hours ago, Pei said:

hello guys , please someone guide me!

i got my gc august 2015 was at us for two months then applied for reentry permit to be out of us for one year and 11 months , i had problems to take care of my father, i backed to us on september 2017 , I waited four years and one day and applied on September 15 2021 for naturalization, i also had a trip between march to September 2020 for 5 months and half because of start of covid i left us, i had my interview on may 2022 , appeared for interview everything was good except officer asked me during two years absence do you have any proof that shows you related to country like rent leasing or bank accounts…, for sure I didn’t have because I applied for reentry permit to be out of country to fix my problems i only had my father related documents that shows he was sick at the time so io took that documents from me and told me we send you form n-14 for additional documents and you get it in one week, it’s been 5 months past my interview no form and no decision, I emailed uscis and said I didn’t receive any form , they replied if we need something from you we will contact you and your case pending adjudication, also officer at the interview got my original home country passports ( expired and unexpired) and told me we will give it to you in ceremony!!! Why he told me that ? What you think about my case ?

I am not sure for what purpose they kept your expired and unexpired passports.  They simply could have made copies of the relevant pages.  You should not have allowed them do that.  I know it is too late now.  I would consult an attorney to see how to proceed.  

Filed: Other Timeline
Posted
On 10/16/2022 at 2:43 AM, Pei said:

hello guys , please someone guide me!

i got my gc august 2015 was at us for two months then applied for reentry permit to be out of us for one year and 11 months , i had problems to take care of my father, i backed to us on september 2017 , I waited four years and one day and applied on September 15 2021 for naturalization, i also had a trip between march to September 2020 for 5 months and half because of start of covid i left us, i had my interview on may 2022 , appeared for interview everything was good except officer asked me during two years absence do you have any proof that shows you related to country like rent leasing or bank accounts…, for sure I didn’t have because I applied for reentry permit to be out of country to fix my problems i only had my father related documents that shows he was sick at the time so io took that documents from me and told me we send you form n-14 for additional documents and you get it in one week, it’s been 5 months past my interview no form and no decision, I emailed uscis and said I didn’t receive any form , they replied if we need something from you we will contact you and your case pending adjudication, also officer at the interview got my original home country passports ( expired and unexpired) and told me we will give it to you in ceremony!!! Why he told me that ? What you think about my case ?

What country are you from?

What documents did you submit to overcome "presumtion of break in continuity of residence?"

Immigration has nothing to do with your passport, you should not have given them?

Do you know the name of the Officer?

It should be on Notice Of Result of Examination.

Posted
On 10/16/2022 at 8:49 AM, SoCal2021 said:

I am not sure for what purpose they kept your expired and unexpired passports.  They simply could have made copies of the relevant pages.  You should not have allowed them do that.  I know it is too late now.  I would consult an attorney to see how to proceed.  

He told me to check my exit and entries, officer was shady his name was hawng i think from south korea, he told me i send you form n14 for additional documents, today i gor update from uscis ask for initial evidence that shows I didn’t abondoned my residency during my absences, I don’t have anything to show i have only my documents that shows my father was sick at the time

Posted
On 10/17/2022 at 4:21 AM, Imperium said:

What country are you from?

What documents did you submit to overcome "presumtion of break in continuity of residence?"

Immigration has nothing to do with your passport, you should not have given them?

Do you know the name of the Officer?

It should be on Notice Of Result of Examination.

I’m from iran, i sent documents related to my sickness of my father that i have to be there , today they updated my account asking for initial evidence, like rent or mortgages payment or bank account or loans or car registration… I don’t have none of them , i left country whit reentry permit and told them the reason at the time 

Posted
On 10/16/2022 at 8:27 AM, Boiler said:

I assume you applied without a Lawyer, with that history a mistake.

They asked me request for initial evidence that i didnt abandoned my residency during my absences like mortgages ,car insurance, rent payments , loan, when i was outside of country for sure I don’t have none of them they know that but i don’t know why they asked me for that after 5 months of interview which officer told me we send you form in one week , what should i do now ? What do i respond to their request? Please help me 🙏 

Posted
4 hours ago, Pei said:

He told me to check my exit and entries, officer was shady his name was hawng i think from south korea, he told me i send you form n14 for additional documents, today i gor update from uscis ask for initial evidence that shows I didn’t abondoned my residency during my absences, I don’t have anything to show i have only my documents that shows my father was sick at the time

What happens to my passports? You think officer wants to make me problem I’m thinking about anything right now honestly like he wants to lose my passport and making me problem how can i proof i gave him my passport i have no receipt?

Filed: Other Timeline
Posted (edited)
7 hours ago, Pei said:

I’m from iran, i sent documents related to my sickness of my father that i have to be there , today they updated my account asking for initial evidence, like rent or mortgages payment or bank account or loans or car registration… I don’t have none of them , i left country whit reentry permit and told them the reason at the time 

My initial assumption was that you may have fallen prey to CARRP, but I think that is not the case here. Do you have any of these: Driver License, Fed and State Tax returns, lease, bank account? they all can have your name on it.

Affidavit of anyone will establish you reside there and for how long.  

Any mail on your name that shows the address and your name. 

Evidence can be of any kind because adjudicator's FM does not have a fix list.

Do you have any family members who resided in the US during the time of your absence, kids (how many and age), wife etc?

Apart from valid Green Card, do you have anything that shows your relationship with the United States?

When did you obtain travel document and when did it expire?

What was your job before you left and if you have returned to the same employer?

Edited by Imperium
Posted
1 hour ago, Imperium said:

My initial assumption was that you may have fallen prey to CARRP, but I think that is not the case here. Do you have any of these: Driver License, Fed and State Tax returns, lease, bank account? they all can have your name on it.

Affidavit of anyone will establish you reside there and for how long.  

Any mail on your name that shows the address and your name. 

Evidence can be of any kind because adjudicator's FM does not have a fix list.

Do you have any family members who resided in the US during the time of your absence, kids (how many and age), wife etc?

Apart from valid Green Card, do you have anything that shows your relationship with the United States?

When did you obtain travel document and when did it expire?

What was your job before you left and if you have returned to the same employer?

Asas i got my gc I applied for reentry permit and backed to iran to handle my problems so that time i didn’t have anything to show relation to us , I’ve never been to us before that

Filed: Other Timeline
Posted
30 minutes ago, Pei said:

Asas i got my gc I applied for reentry permit and backed to iran to handle my problems so that time i didn’t have anything to show relation to us , I’ve never been to us before that

This forum is for DIY kind of immigration cases. Your case appears to be far more complex than it may seems. You should consult a good immigration lawyer before sending anything more to USCIS.

Where is your GC?

Posted
14 hours ago, Imperium said:

This forum is for DIY kind of immigration cases. Your case appears to be far more complex than it may seems. You should consult a good immigration lawyer before sending anything more to USCIS.

Where is your GC?

My green card is whit me , officer gave it back to me , is it a good sign?

Filed: Other Timeline
Posted
5 hours ago, Pei said:

My green card is whit me , officer gave it back to me , is it a good sign?

Unfortunately I am not sure if it is. It is strange that he kept your passports. Original documents are often returned to applicants through a form submission because they are sent to a centralized facility away from the Local Field Office. I dont know why he kept them. 

If this forum did not exist, what documents you have in mind that you would want to send them?

Do you have coppies of your father's med record?

You never opened any bank account back then?

You never filed taxes in 2015-2016?

If not, he may refer you to Removal Proceedings.

 

Posted
15 hours ago, Imperium said:

Unfortunately I am not sure if it is. It is strange that he kept your passports. Original documents are often returned to applicants through a form submission because they are sent to a centralized facility away from the Local Field Office. I dont know why he kept them. 

If this forum did not exist, what documents you have in mind that you would want to send them?

Do you have coppies of your father's med record?

You never opened any bank account back then?

You never filed taxes in 2015-2016?

If not, he may refer you to Removal Proceedings.

 

What did i do that they want to remove me, i never had any crime or problems in this country 

Filed: Other Timeline
Posted
16 hours ago, Pei said:

What did i do that they want to remove me, i never had any crime or problems in this country 

From what you describe, it appears you have failed to maintain LPR status when you returned to US after a prolong absence and an trip abroad there after. 

While adimitting you upon your return from IRAN, the CBP did not persue a referal to an IJ. Your admission into the US as an LPR in 2017, is not in itself a sufficient evidence of your maintinenece of LPR status. Please See Shyiak v. Bureau of Citizenship & Immigration Servs., 579 F. Supp 2d 900 (W.D. Mich. 2008).

However, USCIS may now refer you if they found that you have failed to maintain LPR status during the statutory period. Contineuity of Residence is required when qualifying for naturalization. You, by waiting four year and one day, have met that burden, though the trip inbetween (May to Sept 2020) may warrants a further inquiry. However, from what I read, it appears USCIS is questioning your rigt to retain LPR status since your return from IRAN in 2017.
Maintinance of LPR is very instrumental because it forms the basis of your eventual qualification towards Naturalization and is a prerequisit. From your responses, it appears, the officer suspects failure of maintinanace of LPR status. 

Please read this para,

"B. Abandonment of Lawful Permanent Residence

An applicant who has abandoned his or her LPR status is not eligible for naturalization.[20] To naturalize under most provisions of the immigration laws,[21] an applicant must be lawfully admitted for permanent residence and have maintained LPR status through the naturalization process.[22] USCIS may consider any relevant evidence of abandonment to assess whether the applicant is eligible for naturalization.

Abandonment of LPR status occurs when the LPR demonstrates his or her intent to no longer reside in the United States as an LPR after departing the United States.[23] In addition, abandonment of LPR status by a parent is imputed to a minor child who is in the parent’s custody and control.[24] While LPRs are permitted to travel outside the United States,[25] depending on the length and circumstances of the trip abroad, the trip may lead to a determination that the LPR abandoned his or her LPR status.[26]

If the evidence suggests that an applicant abandoned his or her LPR status and was subsequently erroneously permitted to enter as a returning LPR, the applicant is ineligible for naturalization. This is because the applicant failed to establish that he or she was a lawfully admitted for permanent residence at the time of the subsequent reentry[27] and failed to meet the continuous residence requirement for naturalization.[28]

If the officer determines that the naturalization applicant has failed to meet the burden of establishing that he or she maintained LPR status, DHS places the applicant in removal proceedings by issuing a Notice to Appear (NTA) (Form I-862), where issuance would be in accordance with established guidance.[29] USCIS then denies the naturalization application.[30] An immigration judge (IJ) makes a final determination as to whether the applicant has abandoned his or her LPR status. The applicant does not lose his or her LPR status unless and until the IJ issues an order of removal and the order becomes final.[31]"

 

Why did you not file federal taxes during 2015-2016?

Could you upload the RFE by blocking off personal information?  

Again, I believe you need an immigration lawyer to sort it out. It may not be what I suspect but it will be helpful to your case in anyway.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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