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xyz12345

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Posts posted by xyz12345

  1. On 11/8/2021 at 12:23 PM, Charmycole said:

    How will this affect me? I applied at noon on the day of my early eligibility. Will I get denied since it’s showing 91 days early although that’s not true. I was able to submit my application without issues too. I’m not sure why they’d let me if it was a day early (it isn’t).

    Whether you're correct or not, the least you can do is bring up the topic during the interview because the best time to argue is in front of the IO. Have the supervisor be called or something? Make sure that you bring evidence though that you're correct. It'll be more of a headache if you don't bring up the potential issue and they denied your application, esp when you think that you're correct.

  2. I remember during my time that my payment receipt from USCIS had a payment transaction date that was exactly 4 hours (AK time?) earlier than the credit card email notification time (EST) of the charge.

     

    I would have thought that 1230PM is too late in the day for a huge time stamp error. I would have thought that any time before 4 am (or 6 am if Hawaii time) may be problematic if it's a time zone issue.

     

    OP, did the IO tell you at the interview that you were being denied? That would have been the time to object immediately... but that's water under the bridge. Sorry about this.

  3. 8 hours ago, DFG said:

    Thank you so much for your reply!! I’ve only lived in the USA for 3 years though and am applying now as the spouse of a us citizen.  So for 2 out of the past 5 years I didn’t reside here. Should I be starting the travel history only from when I became a PR?

    Have you had your 3rd year LPR anniversary? If so, yes.

     

    If you are doing the 90-day (not 3-month) early filing, you can include up to 90 days prior to being an LPR. However, to be on the safe side, include up to 87-89 days only to avoid the issue of getting denied for filing earlier than 90 days. Filing at exactly 90 days is not good because of the time zone that USCIS uses to stamp your application. Submitting your application 1-3 days after eligibility will be much less stressful.

     

    Good luck!

  4. 6 hours ago, DFG said:

    Hello!

    I am starting the process of filing my n400 online and have reached the travel history section. It asks for every trip longer than 24 hours outside the US for the past 5 years. I live close to the border with Canada and often would cross for weekends pre pandemic or even randomly during the week. How am I supposed to remember every single weekend or trip to see my parents that may have lasted even slightly longer than 24 hours??

    The form is talking about 24-hr days. If you left the US on Saturday (any time) and came back Sunday (any time), you won't need to include that in your travel history. Now if you left on a Friday (any time) and came back Sunday (any time), you need to include 1 day in your travel history. You can roughly estimate the total number of travel days from your routine.

     

    The total number of days only become very important if you're close to breaking the continuous residence and physical presence requirements.

  5. Your child's immigrant visa is not valid anymore but when endorsed, it serves as an I-551 visa entry stamp in the foreign passport and GC evidence for 1 year. According to the following, there is no need to wait for a physical GC.

    https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html

     

     

    U.S. Citizenship through Naturalization of a Parent

     

    If you were born outside the United States and acquired U.S. citizenship through the naturalization of your parent(s), please submit the following with your passport application:

    • Your foreign birth certificate listing your parent(s)
    • Your parent(s)’ naturalization certificate
    • Evidence of your permanent residence status. Examples include:
      • Permanent Resident Card/Green Card
      • Foreign passport with the original I-551 visa entry stamp
    • Your parents' marriage certificate (if your parents were married when you legally entered the U.S. and before your 18th birthday) 
    • Documentation of legal custody (if your parents were not married when you legally entered the U.S.)
    • Evidence of your legitimation (if your parents were not married at the time of your birth). Examples include:
      • Your parents' marriage certificate dated after your birth
      • Certified court order of legitimation 
  6. 10 minutes ago, xyz12345 said:

    Overthinking.

     

    Most people only get scrutinized for GC once or twice but you have to do it three times, and you're still here 18 years later. If they found something, they should already have had by 2016 imo. Just go to the interview with the mindset that even with an nth look, they won't find anything wrong with your final GC application.

    *final gc application*

  7. Overthinking.

     

    Most people only get scrutinized for GC once or twice but you have to do it three times, and you're still here 18 years later. If they found something, they should already have had by 2016 imo. Just go to the interview with the mindset that even with an nth look, they won't find anything wrong with your GC applications.

  8. 1 hour ago, SusieQQQ said:

    A long time ago being before Covid and all the backlogs at the embassies?

    Yup, a long while. That was just a passing comment. Didn't check if there's anything as recent as just before/during COVID.

     

    Anyway, that website showed 2021 news but that is only one reference. Worst case, OP can't travel overseas -- same boat as some naturalized USCs who still can't visit their families abroad bec of still worse COVID conditions.

  9. 9 hours ago, Catalina Cuqui said:

    I'll be applying for naturalization through marriage in a couple of weeks. I already have my 10-year GC, and I will meet all the continuous residency requirements before I apply. However, in a few months we may be traveling to my home country. Here's why:

    Last year I lost both of my parents suddenly during the covid pandemic. As their only child, I have a ton of stuff to take care of in my home country (paperwork, red tape, their belongings, houses, etc). I have not been able to do many of these before because of the pandemic. So in a few months my husband and I are planning to travel to my home country to take care of everything, and as I'm self-employed I will have to pay my country's taxes for that amount of time.

    I'm not sure how long taking care of everything will take us, but it may be more than 6 months. Bureaucracy is slowwww.

    I was thinking of applying for a Re-Entry Permit before we leave the US, so as to not lose my permanent residence and eligibility for naturalization.

    Do you know of someone who has gone through a similar situation, and if so, how did it go? Do I need to have an approved Re-Entry Permit before I leave, or can I apply and leave before they make a decission on it? Also, it is at all possible to do the interview/oath abroad?

    I've done a lot of research, so I'm looking for actual cases of people in a similar situation, not general info. Thank you.

    Here are some info that you might be interested in that answers some of your questions:

    1) re-entry permit and effect on naturalization (https://citizenpath.com/reentry-permit-permanent-residents/)

    2) re-entry permit approval before leaving? (https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf

    3) N-400 interview and oath abroad? I doubt it. Even those who qualify for expeditious naturalization must be interviewed in the US (https://immigration.com/faq/expeditious-naturalization).

     

    You probably also have to consider the length of the N-400 process in your local Field Office if you'll apply in a couple of weeks.

     

    7 hours ago, Mike E said:

    Once you are gone 181 days, continuous residency for purposes of naturalization is broken.  You will likely have wait 4.5 years to naturalize.  
     

    I suggest you come back every 5 months even if for just 24 hours.  
     

    Oe take your chances begging the USCIS case officer.  

    It'll be another 2.5 years+1 day if N-400 is based on marriage. I agree, travel to the US even for a day before 6 months absence to satisfy continuous residence and hopefully physical presence requirement is always satisfied. One less thing to stress about on top of tremendous grief and stress.

  10. 9 hours ago, waitingforastar said:

    Hi everyone! Thank you so much for the responses. A lawyer did prepare the response and it was recommended to me that I don't appeal and just reapply. At this point, is there a way to reopen the case or has the period for that lapsed? Is there a distinction between appealing after the initial denial and reopening the case now almost a year and a half later? Is it possible to reopen the case at this point?

     

    9 hours ago, aaron2020 said:

    Don't know if you've missed the opportunity to appeal.  Usually, you only have a certain amount of time to appeal a denial.

     

    You should reapply.  

    It seems like filing N-336 should have been fileddone within 30 days after denial notification acc to this:

     

    https://www.mouratovalawfirm.com/blog/immigration/151-can-i-apply-again-for-citizenship-after-getting-rejected

     

  11. 2 hours ago, JeanneAdil said:

    he has to live in the county of residence for 3 previous months before applying so if he leaves the country and county this doesn't work

    Why would overseas travel before filing an N-400 a bad idea? It's only a vacation. OP didn't say anything about moving.

     

    There might be instances though that overseas travel can affect N-400 application.

    https://citizenpath.com/faq/travel-outside-us-filing-form-n-400/

  12. Like the above poster said, try them (they even have approval or refund applications) or ask another immigration lawyer to look at your CV so as to see your chances and other options. At least this way, you can say that you've done everything you could while you're still in the US. You can just choose consular processing if you don't have a valid work visa anymore.

     

    Good luck!

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