ponyo_rocks

If your attorney filed for you and isn't responding to emails after charging you a hefty fee, they are being negligent. 

If they continue to not respond, threaten to file https://www.justice.gov/eoir/file/eoir44/download this form - they will be investigated and may not be able to represent clients for DHS/USCIS etc.

On 8/31/2019 at 9:14 PM, Boiler said:

No need to mention plain.

I had to upvote this or at least mention it

Deleted

It is unfortunate that the N-600 is so expensive and the fees keep going up every year. Two posters have pointed out very valid reasons to apply for N-600 and get certificate of citizenship. While your kids are genuine US citizens and will have the passport to prove that, passports are issued by the State Department and not the USCIS. So the USCIS still lists them as permanent resident, not citizens. I dont see the government spending on the technology to integrate all this anytime soon. 

In the meantime, the burden to prove their citizenship when the passport is lost or stolen (say, in a foreign country) will be on the kids. I dont want my kid to go through this process - so I plan to eat this cost when I naturalize. I also dont want them to struggle to reach me/get access to my documentation during such a time. 

Another scenario is when they apply for a government job or security clearance which checks with USCIS and finds an inconsistency there. Just more delays, fees, hurdles, frustration. At that time, the cost will be much higher for them to bear, when they should be saving their limited resources for an emergency!

When your kids want to sponsor a spouse in the future, they will need their certificate of citizenship # or other identifier to prove their citizenship. Again, this will be a hurdle for them. 

OP, when your finances improve, please consider getting the COC for your kids. They will thank you in the future.

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. 

I've read up extensively on this rule and was eligible to apply based on it (had a 1+ year absence) but chose not to, since it doesnt seem to have a consistent rate of success.

From what I've read on other forums, its advisable to mention it under 'other' when asked under what rule you are applying. (5yr/3yr/Other). In your case, you can simply tell the IO that you are applying 4 yrs and 1 day after returning from your long trip.

The successes I have read are from years ago, haven't seen anything recent. Please report back after your interview! Good luck!

14 hours ago, haruka_t said:

The time to interview has been shortening significantly in the past couple months (you can see this trend in the spreadsheet, and my lawyer mentioned it too). Looks like it's down to ~7 months to interview in the spreadsheet. Pray that it gets even more efficient. (:

 

FWIW, the timeline provided for my case has been wildly inaccurate. It initially states Dec 2019 completion, then Feb 2020 (just 3 months ago). Just before I got my oath scheduled, it was showing Nov 2019. My oath will be next week. (I applied Dec 2018.)

Thanks for the update. I did my biometrics and got the "we reviewed your biometrics" message, and then estimated wait time as 6 months. I take it that in 6 months I will receive an interview date. Looks like your process was faster than the estimates given to you.

10 minutes ago, Younes-Maria said:

I did my biometrics on 15th of may 2019 and estimated case completion February (6 months) only 1 month ahead of yours , how accurate is that ?? What is the actual waiting time till scheduled for an interview  in San jose ? Thanks N and good luck 

That is interesting. So I actually applied at the very end of July and it showed March 2020 (8 months). As soon as august 1 rolled around, it changed to March 2020 (7 months). So that number of months is a bit misleading - I think I'd go by the more conservative estimate, which is March in my case and Feb in your case. I suspect they have hired junior officers and are able to provide an estimate based on some factors like 3 yrs/5 yrs/ROC etc. My friends who applied in Aug 2018 got their interview in May 2019, that's the only way I can justify the faster ECC date. 

I am going to attempt a biometrics walk-in today at San Jose. I was successful doing this many years ago, but dont recall what I did. My original appointment is on 8/22 but I am advancing in my pregnancy and need to also see a doctor that day (will be 8 months next week). Do I just show up at any time and try my luck? Or should I try for the exact time as my 8/22 appointment? I appreciate any pointers from others who have tried it.

App date: 7/29/2019

Recd biometrics notice: ~ 8/6/2019

Estimated Case Completion: March 2020 (7 months)

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.

I had a fix-it ticket from over 10 years ago and a parking ticket. I said 'yes' to the cited question and gave an approximate date (I think they both occurred in the same year, so just gave 1/1/2006 as date). I also explained what happened in the explanation box - said I dont have evidence from that long ago, but paid a fine of around $40 (I remember because I thought it was too high!) in one case and paid some court fees and got my tail light checked by a cop after getting it fixed. 

I seriously doubt they will dwell on this, so explain to the best of your ability and move on. If you can get a clean DMV record to your interview, that should bolster your case (if at all you are asked!)

Just submitted my application online (added an entry to spreadsheet and will update). I got my GC through EB category in 2011. Had to go outside the country for 2 years (with re-entry permit, had foreign employment and filed taxes as US resident), so I waited 5 years after my return to apply. I am curious to know if there are others in a similar boat, simply to keep learn from your experience. I will share mine as it progresses. 

I doubt you can use the 90 day rule to overcome the "married to US citizen for 3 years" requirement. People who marry US citizens subsequently get their LPR after their marriage if they go the marriage route. So they are eligible to apply 2 yrs and 9 months from the day they become an LPR. In your case, you got your GC through employment presumably a few months before you got married to your USC spouse, isnt it? You just have to wait until your wedding anniversary. Another cool reason to celebrate this anniversary!

Seems like a trivial matter and easy enough to disclose (you already have the documentation with you). If we can disclose parking tickets, why not this? I am sure the interviewer will just move on after hearing your explanation. 

Yes, you still need to meet physical presence requirement. Physical presence and continuous residency are mutually exclusive requirements. Your two trips are different and do not technically break continuous residency, but expect to be asked about your 5+ month trip and take as much evidence as possible that it did not break your continuous residency.  Each trip must be under 6 months, but the manual does say that if you have multiple long trips under 6 months, it can be questioned or presumed to break CR.

Yes, the policy manual does say 2 yr 1 day is applicable after a denied application. However, I've see others apply 2 yr/4 yr 1 day after break in continuous residence in the first place, thus pre-emptively applying the remedy. Regardless, I'd wait to apply after you receive a decision on your pending application first. And then apply after Dec 8. Good luck!

You should be ok with the 2 yr 1 day rule, as long as you dont have any long trips > 6 months from now until Dec 8th and subsequently until your interview/oath. Do you have your residence/mortgage etc in the US during the 5 month period? You dont need it for a 5 month trip, but it only cements your case.