Davide66

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.

57 minutes ago, R&OC said:

I am in the US now and waiting for my interview date in 14 days. I am praying that it won’t get rescheduled. Not sure what happened in Oakland. Is it Covid? We can only speculate at this point...

I just checked the USCIS website, and now it shows the the Oakland Park office, along with the Miami office and the Hialeah office are closed until July, 22. I guess it must be the Covid-19 then as South Florida has become the new epicenter of the pandemic.

15 minutes ago, R&OC said:

That’s very scary!

It is really scary because later on today I called the main USCIS office, and I was told that they are not aware of any field office being closed at this point in time. I checked the main USCIS website and it shows that all field offices are open. I also checked the Oakland Park office website, and even that one shows that the office is open.

The officer on the phone told me to get hard evidence of the Oakland Park office being closed just in case something freaky, like I didn't show up for the interview, or something like that, will be reported by the field office. I have already rescheduled my interview twice because of pregnancy, and I am not allowed to reschedule it for the third time. They will make an exception only if I prove that this time it wasn't my fault.

Today I went to the Oakland Park (Florida) field office for my citizenship interview. A security guard at the entrance told me that the office was closed due to sanitation. Then another 6-7 people arrived for their interview, and at that point an immigration officer showed up at the door saying that the office was closed and that, verbating, "we should read between the lines", whatever that means.

I haven't received any notification from USCIS nor there was any sign posted on the door about this "sanitation" which entailed sudden closing of the whole building and who knows how many people left stranded with their citizenship interviews. 

As we all walked away somebody was speculating that the "read between the lines" that the officer was talking about is a diabolic conspiracy theory which entails president Trump stalling the immigration process of thousands of people in fear that these people will vote democrat at the upcoming presidential elections to spite the current president because of his known anti-immigrant stance. 

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.

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

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.

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.

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

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. 

23 minutes ago, US-UK said:

I was’t clear: you cannot use any benefits meant for people who are residents of wherever you are currently staying (even if it is your home country). As a US LPR, you need travel insurance (which doesn’t typically cover routine care) or to pay OOP when outside of the US, unless your husband has private insurance through his employer that covers you in country you are visiting.

As I said before my husband is paying out of pocket with his money, not using any benefit.

15 minutes ago, US-UK said:

I don’t know if recall if oreads mentioned,, bit be careful not to use any healthcare entitlement meant for legal residents while in your home country (or wherever you are). That would be a very bad fact for your wish to maintain permanent US residency. And could be costly to reimburse out of pocket if they local system realizes you were ineligible and wants its money back.

Actually I'm not using any American benefits to pay for my pregnancy, but my husband is paying out of pocket.

1 hour ago, Ready to do it said:

You're completely missing the point. It's not about, "Have you checked all the boxes or have you fulfilled all the requirements.  Those aren't requirements.  Those are simply suggestions to help prove that your intention wasn't to go "live" in a foreign country for a period of time.  If they think in their mind that your intention was to live in a foreign country for a while they you will have been considered to vacate your permanent residency.  Some things that I would deem more reasonable... 1) Are you currently in your home country or a different country?  If different country, that would be a positive.  If original country, that would be a negative.  Do you have family in the country you are in (I.e. Parents, etc)  If so, that would be a negative in my opinion. Are you staying in a hotel vs an apartment or with family?  Hotel would be a positive.  Apartment or with family would be a negative.  I've already mentioned the fact that your husband is with you is a negative. Can he not return to the US?  It would help prove that you have no intention of this being considered a move. I.e. The 6 months or less or 1 day or 1 year etc is meant to be "vacation."  The fact that you will be there for 8, 9, 10 months etc and husband is with you?  It almost sounds like y'all just wanted to live in xyz country for a while.  If you are in your birth country and/or you have family there (parents etc), one would conclude you really just wanted to give birth in that country so your family could be there, etc... which means, this is not a vacation.  The idea of online classes means you are a US University student... I don't think that really carries any weight on have you abandoned your residency or not. I mean any non-resident can take online classes.  I'm just poking holes in your "Is this a vacation or is it not."  That's really is all it is about.  If the answer is yes, it was clearly just a vacation, you will have no problem. If the answer is, you really wanted to be there to give birth around your family etc and live there for a while, you could have a problem.  Going to the extent of getting doctor notes etc makes you look more guilty unless it is clearly a serious medical condition that could cause serious lifethreating medical issues.  If those medical issues aren't life-threatening, personally I wouldn't get a doctor's letter as it just makes it seem like you are trying to go overboard to convince someone. 

 

If the US turns me away and wants to keep an American family separated... It's not a mattter of "wants," and why would that separate you?  If it were me, I'd simply move back to my home country with my spouse, end of story.  Honestly, I don't see why you are trying to convince yourself.  Either come back before the 6 month mark or stay there through April with the understanding that there is a good chance you will have lost your permanent residency.  It's really not that difficult to understand the possibililties. 

 

Good luck!

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.

2 minutes ago, Ready to do it said:

Honestly, you keep failing to read what people are writing. Your small problem is rescheduling an interview, which it sounds like you have done.  Your BIG problem is that you are not turned away in April as you will have been out of the country for more than 6 months.  You can technically be turned away after 1 day.  I think your chances are close to 50/50%.  

 

Fighting for the US isn't a choice.  You can't choose.  I agree with you that I think it's crappy that one must do what one's gov't says to do, regardless of whether or not one believes in it or not... but that is what you are required to do, so I would think twice about signing that n-400, because signing it states you will go to war if asked.  Your opinion on what the war is about is not relevent.  We're veering off topic though.  Like I said, your big issue is "Will you be admittted in April or not."  My bet is 50/50% or a little less than 50/50%.  You don't seem to think it's an issue, though everyone who has responded does.  

I already replied to you two days ago on this subject.

Here is what I wrote two days ago:

"This is what the USCIS website states about stays abroad for less than a year:

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

I fulfill all the requirements mentioned above (Enrollment at US university, ownership of condo in the US, mailing address in the US, bank accounts in the US, driver's license, filed income taxes as a resident) so I don't see why I should have any problem coming back without a re-entry permit. I read in the USCIS website that re-entry permits are required for people who stay abroad for more than a year, which is not my case."

I think I have all my bases covered. I will be coming back in April with my American husband and my American son. If the US turns me away and wants to keep an American family separated, keeping a newborn baby away from her lactating mother, my husband and I agree that it's not worth living in a country which does such an abominable thing and go to another country.

12 minutes ago, Ready to do it said:

I also think your case would be MUCH stronger if your husband stays in the US during this period.  I.e. It proves you have something to go back to.  The fact that your husband is with you is a negative as well.

 

You are thinking in terms of "Me, My health, what is best for me, my family etc."  That isn't the way to be thinking.  You need to be thinking of... "What do the requirements state, what will the border agent want, what does the US govt want?"  That part about..."Im ready to renounce to anything to keep my good health... hmmm. I probably wouldn't state something like that.  After all, what if the US govt requires you to go fight for our country?  Are you ready to do so?  Have you read the US Citizenship n-400?  That might be a detriment to your health.

A country that expects you to jeopardize your health for a stupid reason such as rescheduling an interview, is not a country worth living in. My country of origin is not that bad of a country to force me to desperately seek residency or citizenship in another country. I only came to the US because I genuinely fell in love with an American.

Fighting for the US? I would for a legitimate reason, just like many Americans would. Not every American is willing to get killed in an illegitimate war. My husband is an American citizen, and he would fight for the US only if the US gets invaded by a foreign power, certainly not for wars waged for oil or world supremacy.

2 minutes ago, xyz12345 said:

Usually it's easy to Google some stories but not in your case.

 

 

that's good! But did you only ask about the rescheduling part? Did you ask about your concern regarding the continuous residence part? If I were you I would call again and check with another tier 2 IO.

 

Also if I were you, I would beef up proof of continuous residence besides the medical orders. I don't know if it helps but taking online courses from your US university? Or did you request for a leave of absence so that you can still maintain admitted student status? has your husband terminated his employment contract in the US or is just on sabbatical/leave? Does he have plans on working while overseas? Or is your husband planning to go back to the US to work/reside before April?

 

Best wishes and I hope everything works out.

I will be taking online courses.

My husband does freelance work. He receives work from the US daily and sends it back. We are planning to go back to the US together with the baby in April. After the baby is born he will register his birth at the local American consular agency so that the baby can have American citizenship and passport.

19 minutes ago, Ready to do it said:

If it were me, I'd come back to the US before the 6 month mark, even if it's not in the best interest of my health. 

Risking my health and the baby's health is absolutely insane. There is no residency or citizenship that is worth more than good health. I'm ready to renounce to anything to keep my good health.

The baby can fly 10 days after birth? What if I'm not able to fly? I put the baby on a plane to the US and join him whenever I'll be able to fly?

For now I'm rescheduling the naturalization interview. Then whatever happens at the border or at the interview I'll deal with when it comes the time.

8 hours ago, LionessDeon said:

No one gave you wrong advice. 

No one gave me wrong advice? Did you read the part where someone was saying that an LPR needs a re-entry permit for a stay abroad of less than a year? Or the user who prescribed me some kind of magical medication which is gonna make me fly with no problem?

All I asked was how to reschedule my naturalization appointment (answer eventually provided by USCIS itself over the phone) and to hear a story from somebody in a similar situation as mine (which I think is relevant or we want to hear about it in any case. Isn't what this forum is all about after all? Otherwise why people would ask me to keep posting to hear how my story ends?)

1 hour ago, Mollie09 said:

This is an immigration forum, not a pregnancy support forum.

When did I ever ask for medical advice or pregnancy support?

Today I called USCIS from overseas, and I was told that there would be no problem rescheduling my naturalization interview provided that I mail them a letter requesting the postponement supported by medical documentation from my doctor.

Tomorrow I will be mailing through DHL everything I need to send to USCIS.

Problem solved.

Just now, milimelo said:

I couldn’t care less what you decide. But do post back what happened to your naturalization. 

I certainly will.

For now I wish for people to stop giving me wrong advice (either legal or medical) and hope that somebody who has been in my same situation, that is staying abroad for an extended period of time (more than 6 months but less than a year), either because of pregnancy or any other reason, while their naturalization application was pending to share their experience, whatever the outcome was, either positive or negative.

Thank you.

1 minute ago, milimelo said:

Get extended economy or business class ticket, wear compression socks, have doctor prescribe Lovenox/Clexane for during flight and stay hydrated. 

Or I follow doctor's advice and fly back in April. Guess what I'm going to do?

1 minute ago, US-UK said:

I said nothing negative, so why the attitude? Times have changed, that’s all. I am not a parent so had no idea the current medical landscape was so conservative.

 

But now that you have baited me to be snarky:  my mother was just a high risk and geriatric pregnancy with a C, but only flew a 2 leg trans con, so I guess you win. Congratulations.

I didn't say anything negative myself. I just stated what my situation is, and what the doctors have advised me to do, and I don't see why I should go against doctor's orders. 

8 minutes ago, US-UK said:

I learn so much on VJ about non-Immigration issues. I had no idea the medical advice is now that infants shouldn’t fly. My 1970s mother had me on a flight from LA to the east coast at 10 days old. 

Obviously your mother didn't have any complications during pregnancy, didn't have a C-section, and didn't put you on a 22-hours, 3-legs intercontinental flight.

23 minutes ago, Ready to do it said:

Staying outside the US for more than 6 months without a re-entry permit is grounds for them to deny admission.  Will they?  It's probably case by case.  Out of curiousity, why April?  I mean, are you like 8-9 months pregnant?  If so, why April?  On the other hand, if you are stating April because you are like 3-5 months pregnant and you want to have the baby abroad before returning to the US, my hunch is that is probably not going to fly. 

This is what the USCIS website states about stays abroad for less than a year:

"Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

I fulfill all the requirements mentioned above (Enrollment at US university, ownership of condo in the US, mailing address in the US, bank accounts in the US, driver's license, filed income taxes as a resident) so I don't see why I should have any problem coming back without a re-entry permit. I read in the USCIS website that re-entry permits are required for people who stay abroad for more than a year, which is not my case.

I am 5 months pregnant with the baby due in December. The pregnancy is affecting me physically and emotionally. Doctor's orders are not to fly back until April, when the baby will be old enough to fly safely himself. I can provide USCIS with documents from doctors and hospitals which attests the situation.