My fingerprints expired

G

greencarder

Registered Users (C)
This is really sick. I got a strange notice from USCIS informing me that the finger prints I did 16 months ago had expired and need to do them again. I am currently overseas and wont be back any time soon. I am seriously thinking of abandoning my citizenship application. I have one question. If I do not do my finger prints, what will be the repercussions of that? Will the punishment be restricted to rejecting my application or there will be other penalties. I cannot believe how incompetent these a** holes are!
 
greencarder said:
This is really sick. I got a strange notice from USCIS informing me that the finger prints I did 16 months ago had expired and need to do them again. I am currently overseas and wont be back any time soon. I am seriously thinking of abandoning my citizenship application. I have one question. If I do not do my finger prints, what will be the repercussions of that? Will the punishment be restricted to rejecting my application or there will be other penalties. I cannot believe how incompetent these a** holes are!
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Don't worry, you can always reschedule your FP. Just send them the leter back asking them to reschedule.
It sounds like your case was stuck in name check and recently cleared, thereby USCIS is asking for valid prints. Don't give up your application ..you've made it this far..hang in there a few more months.
 
Your application won't be rejected if you abandon it, just administratively closed for inaction (not sure what the correct terminology is). Did you file the Form N-470 to preserve your GC status? If so, I think the residency requirements etc. are tolled and you can reapply three months after you get back (to establish residency in your district). Not sure though so look it up on the USCIS website or ask an immigration lawyer.

As stated above you can also reschedule the fingerprinting and just do it during a trip back. Also, call the customer service number to see if you're still stuck in name check. I don't think getting another fingerprint notice necessarily means anything's moved regarding your application....
 
i think u dont knew

if you apply citizenship u dont go out of country b/c all record send in n out for immrigration
come and dont wait otherwise you r in trouble for next time to apply why you go outside if you apply n400
i say trouble mean trouble
 
Greencarder didn't indicate how long he's/she's out of the country for, so any question about having applied for N-470 or fear talk of leaving the country during the naturalization process is premature.
 
Thank you all for your useful responses. Actually, I was relieved to hear that they will consider my application inactive if I do not do these fingerprints. I need to give you a little background on me. My application has been pending since 1/19/2007 (applied 16 months ago). Shortly after applying I left the country and resided in my home country. I made this decision based on 2 facts:
1. I was hired by an American institute to work there and got the full immunity Americans get there. I did not fill any forms since I thought that these forms need to be filled before one fills the application.
2. I also went back to the country where I claimed persecution. This country had made huge progress in combating Islamic terrorists and is now much safer than it is used to be, hence came my decision to go back.
Here is why I think that I will never get approved for citizenship. Not only that I spent the last 16 months away from the States, my original green card application was based on an asylum claim. I know that the IO will ask me all sorts of questions about that and whether I made a false claim in my application for political asylum 16 years ago. I may be opening hell's fire this way.
As you can see it is complicated and maybe this "application inactive" thing saved me and may help me keep my greencard. I honestly feel satisfied where I am right now, but my native country is so Fu**ed up I am not sure if this current peace will last.

If you would like to respond, please be sensitive and do not accuse me of anything. I am very honest about everything I did and remember that most asylees usually go back to their country when it gets better especially if they get a chance to work for an American company. Actually, going back and residing there means that one is close to their native country and wanted to stay temporarily in a safe place until things get better and they did. Now, I still feel that I was entitled to be a citizen since I spent 14 years in the US never broke any law, paid taxes and still love this country very much. I am also representing America in a region where America is hated.
 
Without having filled out any forms (re-entry permit, N-470) before you left, consider your application and green card abandoned. You'll likely be barred form returning to US if you try without any type of visa.
 
If you want to preserve your greencard status, first file for the N-470 ASAP. I think you're supposed to file before you've been out of the country for a year. It sounds like it's been longer than that for you based on the 16 months, but if you've been back on trips, may be worth it to submit using the last date you were back? If the N-470 doesn't work, look into the 2 year re-entry permit. And above all, get an immigration lawyer and ask.

If it makes you feel any better, something similar happened to me. I filed for citizenship after 9/11 while I was in my last year of school. After graduation I got a job overseas with an American company. My greencard wasn't asylum based, and I took the job because the economy was crap at the time. (To forstall some of the crazies on the board: I thought it was better, and frankly more "American", to be gainfully employed overseas than on unemployment leaching off the state.) I think I qualified to file the N-470 at the time...but instead of speaking to a lawyer, I thought I couldn't because at the time you need to apply for the N-470 before you left the States and I didn't have an address to put on the application. Also, at that point my N-400 application had been pending for 9 months and I thought surely I'll get the interview letter etc. soon. Stupid, I know. Later, I called customer service once and the woman told me that processing times were 2 YEARS and don't even think about calling back until after then. I believed her. Again, stupid. Anyway, about one and a half years though my two year rotation, I got a second fingerprint notice. At that point, I just let that application lapse and after I transferred back waited until I had the requisite number of days to meet the continuous residency requirement and reapplied (different service center). My lawyer checked and the old application wasn't rejected, just closed, and it didn't come up in my interview and wasn't in my file at all.

Good luck.
 
Bobsmyth said:
Without having filled out any forms (re-entry permit, N-470) before you left, consider your application and green card abandoned. You'll likely be barred form returning to US if you try without any type of visa.
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Not necessarily, though yes, there is always a chance you'll be denied entry. If you come back on visits at least every couple of months (they always ask how long have you been gone and you really don't want to say 16 months....), carry evidence that you're working for an American company overseas (letter from them, a permit to work in your "home" country, etc.), maintain a US address and pay your federal taxes as a US Resident (not Non-Resident), I think you have a decent chance of being allowed back. It is nervewrecking though.

Practically speaking, when you fly back to the US, fly back to the city where you're maintaining your address. You generally get more scrutiny if you fly into another city from overseas. Also, better to fly into more cosmopolitan airports where the immigration folks see more people flying back and forth.
 
Bobsmyth said:
Without having filled out any forms (re-entry permit, N-470) before you left, consider your application and green card abandoned. You'll likely be barred form returning to US if you try without any type of visa.
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I came 7 times to the US during that period and i was never away for more than 5 months
 
sh1996 said:
Not necessarily, though yes, there is always a chance you'll be denied entry. If you come back on visits at least every couple of months (they always ask how long have you been gone and you really don't want to say 16 months....), carry evidence that you're working for an American company overseas (letter from them, a permit to work in your "home" country, etc.), maintain a US address and pay your federal taxes as a US Resident (not Non-Resident), I think you have a decent chance of being allowed back. It is nervewrecking though.

Practically speaking, when you fly back to the US, fly back to the city where you're maintaining your address. You generally get more scrutiny if you fly into another city from overseas. Also, better to fly into more cosmopolitan airports where the immigration folks see more people flying back and forth.
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Sh1996
You made my day. I was never away more than 5 months and my passport showed multiple entries with no problem ever. I will just let ithe application lapse and if I ever come back I will apply again. This is just perfect that we have similar circumstances and here you are, applying again without being negatively influenced by the previous application.
 
greencarder said:
I came 7 times to the US during that period and i was never away for more than 5 months
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Ahh, it sounded like you were away 16 months continuously. In that case expect to be questioned about continuous residency during interview if you decide to continue with your naturalization application.
 
Bobsmyth said:
Ahh, it sounded like you were away 16 months continuously. In that case expect to be questioned about continuous residency during interview if you decide to continue with your naturalization application.
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Bobsmyth is right, they will ask. (They asked about my period overseas - I had supporting materials with me.) So make sure your ducks are all lined up before any interview. Best would be getting the N-470, if still possible. Barring that, definitely pay US taxes - definitely federal on Form 1040 (or variant) and maybe even state, depending on where you're maintaining your address. For example, Maryland residents are residents unless then can show they became a resident of another STATE and therefore you're liable for Maryland state tax while you're overseas. Make sure you can truthfully state your intentions. At worst though, assuming you do the above and you don't get barred from re-entering in the first place, you'll have to wait another 5 years (or 4.75 years) after you get back to reapply.

And by the way, because they let you back several times in the past provides zero comfort that they'll let you back in going forward. And it's not a fact that's going to sway them in the interview. Just make sure you're prepared each time you come back.
 
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greencarder said:
Sh1996
You made my day. I was never away more than 5 months and my passport showed multiple entries with no problem ever. I will just let ithe application lapse and if I ever come back I will apply again. This is just perfect that we have similar circumstances and here you are, applying again without being negatively influenced by the previous application.
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I will point out that my GC was family-based through my father and not based on asylum. Also, my job overseas was NOT where I was born and in fact I had no connections to it at all and never had any intention of living there beyond the minimum time set by my employer. If you'd like to preserve your ability to get citizenship in future (as opposed to just re-entering the US and living here with a greencard), you should contact an immigration lawyer ASAP. Our circumstances are different enough that you shouldn't be complacent about your status just based on what I said.
 
sh1996 said:
I will point out that my GC was family-based through my father and not based on asylum. Also, my job overseas was NOT where I was born and in fact I had no connections to it at all and never had any intention of living there beyond the minimum time set by my employer. If you'd like to preserve your ability to get citizenship in future (as opposed to just re-entering the US and living here with a greencard), you should contact an immigration lawyer ASAP. Our circumstances are different enough that you shouldn't be complacent about your status just based on what I said.
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Can I just ignore the notice and let my application lapse? It seems that I got myself into deep trouble when I applied for the citizenship. I guess i made a huge error when i filed 1040 but put a foreign address there. My question to you is this: when you let your application lapse, did you get any inquiry about that? Here is my plan of action: let the application lapse and come regularly to the States. Does this sound good
 
Living overseas

dear sh1996

I would like to share my experiance

Green Card 3/2002
N400 Dec/2006
First FP 1/2006
Second FP 6/2008
IL still waiting

My Circumastances are as follows
I lived and worked from 3/2002 - 1/2005
during the above perid I had 3 trips overseas
first trip was 10/2002 to 12/2202 = 2 months
second trip was 4/2004 to 5 2005 - 3 weeks
second trip was 6/2004 to 10/2004 = 4 months
so the first 3 years total number spent in over seas less than 7 months


from 2/2005 to 6/2007
I was going back and forth every 3 months to the States to live and work.
in deferent word 3 months in the US and 3 Months in overseas
so in this period i spent 1/2 and 1/2 in US and Overseas

filled tax for 2002, 2003, 2004, 2005, 2006 as a US resident
maintaind my address with lease and bills
Banking account


from 6 2007 utill now
i am spending most of my time oversease but not more than 5 months because My wife had our new first born and she is pregnant with another baby so she cant take care of our son and by her self.
i am waiting to get my citizen to apply for her but it took more than a year till now thats why i spend most of my time overseas but not more than 5 months in eace trip

I fille tax zero for 2007
maintaind my address with lease and bills
Banking account


in a short word
in the first 5 years
physical presence ..ok
contenious resedency ..ok
Tax ...ok

in the 6th years
Contenious resedency ..ok
Tax...ok
Sepnd most of my time in oversease becuase i am stuck in the backgroud chek and i cant leave my wif and my son by them selfs in overseas




please I need an advice about my case if i need to fill any form or if i need any document to provide in the Interview when they call me
 
greencarder said:
Can I just ignore the notice and let my application lapse? It seems that I got myself into deep trouble when I applied for the citizenship. I guess i made a huge error when i filed 1040 but put a foreign address there. My question to you is this: when you let your application lapse, did you get any inquiry about that? Here is my plan of action: let the application lapse and come regularly to the States. Does this sound good
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I got no inquiry about my application after it lapsed. I didn't do anything affirmative...just did not go in for fingerprinting (again). I'm not an immigration lawyer, so can't advise you that your plan is good in a legal or mataphysical sense.

Just my opinion and based on my experience and what I've heard from others, I think your chances of getting back into the US are decent assuming all the things previously discussed, but be aware that you may get hassled with secondary review at the airport and can in fact have your greencard taken away and entry denied. Don't be surprised.

On future citizenship application chances, I honestly don't know what the requirements are for asylum cases. At the least, if the N-470 doesn't work out, would suggest making sure you meet the full 5 year, 180 day continuous residency requirements for reapplying and making sure you have good paper trail of why you were abroad and that you never intended to give up your US residency status.

I don't think the foreign address on the 1040 is a deal killer. You're going to have to disclose your overseas address in your application anyway. Form 1040 is for resident filing with the applicable higher tax rates assessed than for non-residents, regardless of what address you put on it.
 
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qqaisi said:
dear sh1996

please I need an advice about my case if i need to fill any form or if i need any document to provide in the Interview when they call me
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As stated many times, I'm not an immigration lawyer and cannot give anyone legal advice. The following is only my non-legal, personal opinion. YOU NEED TO CONTACT AN IMMIGRATION LAWYER, ASAP.

If you applied in December 2006 and haven't received an interview letter, there's something wrong with your application that is unrelated to your time spent abroad. You're most likely stuck in name check (see multiple threads on this topic). You can call the customer service number on your N-400 receipt and tell them that your application has been pending for a year and half now and demand to be transferred to an immigration officer so you can find out what your status is. The number won't work directly overseas, but you can call a friend in the US and have them transfer/conference you. Or do it the next time you're in the US.

If you in fact are stuck in name check, you can file a Writ of Mandamus to compell the FBI/USCIS to act on your application. There are multiple threads about how to go about doing this as well. You should also discuss with your lawyer.

If you're working overseas for a US company you can file a Form N-470 to preserve your GC status. Talk to a lawyer and look up the form requirements on the USCIS website. If you need to be with your wife with new baby etc., you can apply for a two year "re-entry permit" (I think travel document Form I-131), so you can be out for a longer period of time without coming back. Again, look it up and talk to your lawyer.

http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

http://www.uscis.gov/portal/site/us...nnel=828807b03d92b010VgnVCM10000045f3d6a1RCRD

Good luck.
 
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