Hi, I was on interview today. Basically everything was going well until he asked me for my travels. He had a list of my travels, that didnt match the travels I wrote on the application, they were more. Basically my situation is that I was out of US for 1.5 years once, and if I tell them, I will get automatic denial. Problem is the IO asks next time I go, to bring him a new list with all travels. What if I dont list just this one? He asked for 2-3 other documents like IRS, DMV etc. Do you think the travel situation is important, and how should I proceed, and please no answers "talk to a lawyer", I will talk to a lawyer anyway, I want to hear your opinion.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Citizenship interview additional documents request, please help
- Thread starter Kurkapan
- Start date
Sorry to say, but if you've been out of country for 1.5 years you have lost your GC. Not only will you not get approved, they might even try to take the GC away from you. Lying (not saying anything) is also not a good option. They might take your citizenship away later IF they find out. My advise: Abandon the application, wait for 5 years after the 1.5 year trip and re-apply. That way you don't have to lie on the new application and you don't commit perjury. Don't take this lightly, perjury is e criminal offense since it is material in finding the facts about your application ! Stating a false age for example is NOT perjury since it is not important in finding the facts (e.g. does not affect the outcome).
see US Code title 18, part I, chapter 19, section 1621:
http://www.law.cornell.edu/uscode/718/usc_sec_18_00001621----000-.html
Under federal law, if a person intentionally and willfully states or subscribes any material matter which s/he does not reasonably believe to be true, may be charged with perjury. If convicted of this perjury, the defendant can face a significant fine and up to five years in jail. The same penalty is possible for a subornation of perjury conviction
see US Code title 18, part I, chapter 19, section 1621:
http://www.law.cornell.edu/uscode/718/usc_sec_18_00001621----000-.html
Last edited by a moderator:
I agree that you should not lie. You may have tried to sneak under the radar and it did not work, so just quit! you got lucky so far i think.
BTW, i dont think staying 1.5 years outside means loosing GC. I understand GC is not valid for reentry after 1 year, but it does not mean it is invalid after 1 year
BTW, i dont think staying 1.5 years outside means loosing GC. I understand GC is not valid for reentry after 1 year, but it does not mean it is invalid after 1 year
Yes forgetting isnt lying. Still, if you get caught, you will face problems. Why were you gone for so long? Maybe if there is a legitimate reason like medical reasons, or something you can bring that up. Also if you traveled with your passport then they will know. For instance if you were driving to canada or mexico they might not know.
My advice is what the person above said. You have your green card, it might be best to wait. Sure, you might lie and not get caught, but at the same time if you do get caught it will be pretty bad.
My advice is what the person above said. You have your green card, it might be best to wait. Sure, you might lie and not get caught, but at the same time if you do get caught it will be pretty bad.
Jackolantern
Registered Users (C)
You don't forget a 1.5 year trip, unless you had a brain injury or that trip was when you were a young child.
If that 1.5 year trip occurred within the past 5 years (or past 3 years if you're applying with the 3 year rule), you're automatically ineligible unless you had an N-470 or met an acceptable exception such as being abroad in the US military. So unless you qualify based on something like that, withdraw the application and reapply when you're eligible.
If that 1.5 year trip occurred within the past 5 years (or past 3 years if you're applying with the 3 year rule), you're automatically ineligible unless you had an N-470 or met an acceptable exception such as being abroad in the US military. So unless you qualify based on something like that, withdraw the application and reapply when you're eligible.
Last edited by a moderator:
Jackolantern
Registered Users (C)
Why were you gone for so long? Maybe if there is a legitimate reason like medical reasons, or something you can bring that up.
Medical reasons won't work for trips of over a year.
speakamericano
Registered Users (C)
You could have checked all the immigration stamps in your passport. That gives you good details about your previous trips outside the country. Don't say you lost the passport too.
"Have continuous residence in the United States as a permanent resident for at least 5 years immediately preceding the date of the filing the application
Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application"
I do have 30 months in US. And I kept my address and paid taxes for the time I was out. And the IO said himself to bring him back a revised list of dates, because this list was no good...meaning somehow he's giving me another chance.. Maybe I should just give them the dates I was out?
Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application"
I do have 30 months in US. And I kept my address and paid taxes for the time I was out. And the IO said himself to bring him back a revised list of dates, because this list was no good...meaning somehow he's giving me another chance.. Maybe I should just give them the dates I was out?
The problem is that you DON'T have CONTINUOUS residency. You have interrupted it since you have been abroad for more than one year. Just maintaining an address MIGHT does the job between 6 and 12 months, but definitely not for more than 12 months. Sorry, but you wasted $680.
Last edited by a moderator:
Just consider this: If you follow trough on your application and if you mention the 1.5 year break, it will get denied (my guess, but I'm not a fortune teller). So when you re-apply another time, you will have to say that you had an application that got denied. I don't think that makes it easier the next time. I guess the immigration officers follow the logic: If there is smoke, there must be a fire ....
So, of course, since the money is already spent, you can give it a shot ....
JUST DON'T LIE - THIS WILL MAKE IT REAL BAD THE NEXT TIME !
So, of course, since the money is already spent, you can give it a shot ....
JUST DON'T LIE - THIS WILL MAKE IT REAL BAD THE NEXT TIME !
Last edited by a moderator:
That Officer is giving you a chance to make corrections. If you persist in misrepresenting your actual travel (which USCIS already knows about--why else ask?) THEN you will be branded as a liar as of the date of the last lie. That will trigger a new bar to demonstrating Good Moral Character for 5 (or 3) years from the date of the lie before you can file a new N-400. Just supply the dates and request a withdrawal at the same time as you NOW understand the mistake you made in your calculations and in gathering your travel dates originally and in not understanding the legal requirements when you applied.
yes I am thinking of presenting the correct dates, with the large gap. BUT in the guide to naturalization it is also written that EVEN if you are out of US for more than a year, if you prove good relations and the fact that you have not abandoned USA, and provide a good reason why you were out, it still might not be a problem. They clearly say you need to have 30 months in the last 5 years, not 6 months every year. I also do have a death certificate that I can show, to clarify why I have been out of US. This might do?
Incognegro
Registered Users (C)
Joe put it wellThat Officer is giving you a chance to make corrections. If you persist in misrepresenting your actual travel (which USCIS already knows about--why else ask?) THEN you will be branded as a liar as of the date of the last lie. That will trigger a new bar to demonstrating Good Moral Character for 5 (or 3) years from the date of the lie before you can file a new N-400. Just supply the dates and request a withdrawal at the same time as you NOW understand the mistake you made in your calculations and in gathering your travel dates originally and in not understanding the legal requirements when you applied.
yes I am thinking of presenting the correct dates, with the large gap. BUT in the guide to naturalization it is also written that EVEN if you are out of US for more than a year, if you prove good relations and the fact that you have not abandoned USA, and provide a good reason why you were out, it still might not be a problem. They clearly say you need to have 30 months in the last 5 years, not 6 months every year. I also do have a death certificate that I can show, to clarify why I have been out of US. This might do?
Nope.
read 8 CFR 316.5(c)(1)(ii) for the 4 yr and 1 day rule--remedy
First, since you were out of the country for 1,5 years and came back without any reentry permit, it's great news that you were able to enter USA. Second, since IO asked you to bring additional docs, go ahead and bring it. Just stay positive. Pray and ask God for wisdom and help. Who knows IO might be just testing your honesty, I don't know. In any case avoid lying.
On what page of the guide did you read that?..in the guide to naturalization it is also written that EVEN if you are out of US for more than a year, if you prove good relations and the fact that you have not abandoned USA..
You're confusing physical presence and continuous residence. While you need at least 30 months of physical presence before you apply,you also need to have maintained continuous residency for the statutory period all the way up to your oath.They clearly say you need to have 30 months in the last 5 years, not 6 months every year.
sanjoseaug20
Registered Users (C)
To add to the web of potential lies, let me ask you something. When you returned to US, what did you declare to the officer at POE? If you were not asked how long were you away, it is an oversight which might be forgiven. But did you say "I was out for 2 months" which the officer might have recorded on the computer?
Please do explain.
As they way .. when in a hole, stop digging. Correcting the dates and withdrawing the application seems to be the best course of action. Does not matter what the reason was for your absence. You do not want this to be reviewed in detail.
Please do explain.
As they way .. when in a hole, stop digging. Correcting the dates and withdrawing the application seems to be the best course of action. Does not matter what the reason was for your absence. You do not want this to be reviewed in detail.