
Imperium
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A decision cannot be made!
Imperium replied to Imperium's topic in US Citizenship Case Filing and Progress Reports
I have advised them about the potential law suite. They have exhausted all "Sen/Congressman" channels. I personally have never found congessenional engagements effective but some people have had desireable result getting congrassional inquiry. We wanted to reasses any other avenue before initiating legal route. -
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N-400 August 2021 Filers
Imperium replied to hollandfriend's topic in US Citizenship Case Filing and Progress Reports
Anyone still waiting for a decision from July or August 2021 filers? -
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Filling for citizenship from a VAWA green card
Imperium replied to WangJig's topic in US Citizenship General Discussion
You do not need your spouse to be present for Naturalization under this class. You may apply for Naturalization at 2 year and 9 month (3 Year rule). -
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.
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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.
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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?
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N-400 December 2021 Filers
Imperium replied to MASH's topic in US Citizenship Case Filing and Progress Reports
No, you cant request Oath schudule. USCIS will inform you once it is scheduled! -
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N-400 December 2021 Filers
Imperium replied to MASH's topic in US Citizenship Case Filing and Progress Reports
You get it at the Oath Ceremony. -
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USCIS has an account platform that is now phased out. The older (legacy account) was an alert/notification based system. It did not have PDF capabilities. Current platform, unlike the ELIS, does have PDF Notices accessibility. Unlike the current system where a notification is often generated at batch closing (past-midnight), older system has real-time notification of case events and you get a notification the very moment an event is performed on your case. I found this feature to be far more accurate and helpful especially for those who dont get notification from the current system.
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USCIS Errors/Naturalization Interview Canceled.
Imperium replied to h02ejmajja's topic in US Citizenship General Discussion
Are you a teenager? Maintain a civil discourse dude. Have a good day!