My Naturalization experience

D

dima2ooo

Registered Users (C)
I got naturalized this week. I thought I'd (a) thank all the folks giving advice on this forum, (b) share my experience.

Application Received August 10, 2010
Biometrics Notification August 20, 2010
Biometrics Date September 08, 2010 (taken on the date)
Interview Notification September 21, 2010
Interview date October 28, 2010
Oath Ceremony October 28, 2010

Also, I went ahead and received a passport at a passport agency in 1 day. I got an appointment before 11 am and by 2 pm the passport was ready. I did have an air ticket coming up shortly and produced my reservation at the agency.

Overall, my experience is really positive. The USCIS was extremely well organized and quick in my case. The interview was low key, not too official and up to the point. Waiting to be called was most stressful.

I would advise others still applying not to leave the U.S. for longer than 6 months (180 days) for any one trip and to keep your ties to the U.S. if you have to travel for a long time (bank accounts, paying taxes, keeping a place to live). Others who are more savvy on this may add more specifics.

I did have to travel quite a bit during my 5 year period because of a sick family member. Staying a few months out of the U.S. proved not be an issue since I kept the physical presence and the residency requirements by not overstaying the 6 month threshold and having plenty of days of physical presence.

If you do have to travel, my suggestion is plan ahead and know exactly what you will have to present to the USCIS as your grounds for naturalization.

Lawyers can be helpful but I find that this forum is overall better informed because of the stream of live cases here. It can to be a bit alarmistic here at times but it's always better to be on the safe side.
 
wow!! congratulations I think its the fastest process I have seen so far. It was like 2 months and 18 days right?
 
Congratulations dima2ooo, finally the journey is over. I received my OL and oath ceremony will be on Nov. 17, 2010 San Diego Concourse Bldg., Golden Hall, at 8:00 AM. Does it really start at 8:00 AM? I have a transportation problem. My husband works in the evening and can only take me there around 8:30 AM. Do you think it is okay to arrive at that time? I plan to take a cab, but it is charging me an arm and a leg. Any suggestion is appreciated. Thanks
 
They have to check everybody in (they have review the questions on the back of everyone's oath notice) so, people will still be in line at 8:30................
 
carla8 said:
Congratulations dima2ooo, finally the journey is over. I received my OL and oath ceremony will be on Nov. 17, 2010 San Diego Concourse Bldg., Golden Hall, at 8:00 AM. Does it really start at 8:00 AM? I have a transportation problem. My husband works in the evening and can only take me there around 8:30 AM. Do you think it is okay to arrive at that time? I plan to take a cab, but it is charging me an arm and a leg. Any suggestion is appreciated. Thanks
Click to expand...


If you can get there at exactly 8:30am, then you should be fine. USCIS will still be processing a whole lot of people, ceremony won't start well till after 9am.
 
I had my interview with name change in San Diego, October 19, 2010, received my OL after 2 weeks.
Good luck on your interview.
 
@ Dima2ooo Congratulations! Citizen.
Could you please advice me on the following issue.
My dependent father who is 74 years old went to India for a period of more then six months but less then one year, is applying for US citizenship. My question is:
1) How will this absence be treated for eligibility purpose.
2) What kind of explanation/documentation should be sent along with form N-400
He is not earning and does not file any tax returns, I am responsible for all his board and lodging as such does not pay any rent or mortgage.
 
With regard to eligibility for naturalization........................

8 CFR 316.5 Residence in the United States.

c) Disruption of continuity of residence —(1) Absence from the United States —(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.

Part (i) describes the rebuttable presumption of a break in continuity of residence. Part (ii) describes the ONLY remedy for either break that is available.

There is NO REMEDY in the INA. The INA would force one to start counting over from scratch and even with the 3 months early filing afforded under INA 334(a) under the statute alone, he could not file before attaining 4 years and 9 months. The 3 months early filing does not apply to the 4 years and 1 day under the 8 CFR remedy.
 
Am so proud to be a US citizen !!!!!!!! Thanks a lot to this forum and its members, sharing your experiences were informative plus my inquiries were answered correctly.

August 02, 2010 - Application for citizenship was received.
August 08, 2010 - Check Cashed
August 31, 2010 - Biometrics done
Sept. 17, 2010 - Interview Letter Received
Oct. 19, 2010 - Interview at 9:45 A.M.
Nov. 17, 2010 - Judicial Oath Ceremony - San Diego Ca
 
Congratulations, which DO handled your case and where was the oath taken.


dima2ooo said:
I got naturalized this week. I thought I'd (a) thank all the folks giving advice on this forum, (b) share my experience.

Application Received August 10, 2010
Biometrics Notification August 20, 2010
Biometrics Date September 08, 2010 (taken on the date)
Interview Notification September 21, 2010
Interview date October 28, 2010
Oath Ceremony October 28, 2010

Also, I went ahead and received a passport at a passport agency in 1 day. I got an appointment before 11 am and by 2 pm the passport was ready. I did have an air ticket coming up shortly and produced my reservation at the agency.

Overall, my experience is really positive. The USCIS was extremely well organized and quick in my case. The interview was low key, not too official and up to the point. Waiting to be called was most stressful.

I would advise others still applying not to leave the U.S. for longer than 6 months (180 days) for any one trip and to keep your ties to the U.S. if you have to travel for a long time (bank accounts, paying taxes, keeping a place to live). Others who are more savvy on this may add more specifics.

I did have to travel quite a bit during my 5 year period because of a sick family member. Staying a few months out of the U.S. proved not be an issue since I kept the physical presence and the residency requirements by not overstaying the 6 month threshold and having plenty of days of physical presence.

If you do have to travel, my suggestion is plan ahead and know exactly what you will have to present to the USCIS as your grounds for naturalization.

Lawyers can be helpful but I find that this forum is overall better informed because of the stream of live cases here. It can to be a bit alarmistic here at times but it's always better to be on the safe side.
Click to expand...
 
I am sorry can yu please guide me in which cases 4 year 1 day rule applies.
I got GC under EB-1 Extraordinary Ability and I believe would have to wait for 4 years 9 months before I can file N-400. Is it a faster way out?


BigJoe5 said:
With regard to eligibility for naturalization........................

8 CFR 316.5 Residence in the United States.

c) Disruption of continuity of residence —(1) Absence from the United States —(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.

Part (i) describes the rebuttable presumption of a break in continuity of residence. Part (ii) describes the ONLY remedy for either break that is available.

There is NO REMEDY in the INA. The INA would force one to start counting over from scratch and even with the 3 months early filing afforded under INA 334(a) under the statute alone, he could not file before attaining 4 years and 9 months. The 3 months early filing does not apply to the 4 years and 1 day under the 8 CFR remedy.
Click to expand...
 
If applying based on having had a greencard for 5 years: If you have a long absence that disrupts your continuity of residence, and BUT FOR that long trip you could apply for naturalization, the long absence does not make you start counting over from scratch.

This only applies if you have a long absence that broke the continuity of residence for naturalization purposes. Does that circumstance apply to you? This is a situation that happens to many people who come to the U.S. get the greencard and depart the U.S. for a significant period of time. There are many reasons: ill family member, death in the family, work, finish school, busy selling a home or business in preparation for their permanent move to the U.S.

Ideally, a person immigrates to the U.S. and begins their life in the U.S. and after 5 years can become a citizen. Processing will take a bit of time so, they are allowed to file 3 months early and by the time they show up for an Oath Ceremony, they meet the 5 year minimum.

Even USCIS knows that "life happens". Rather than make a person start over counting a full 5 years all over again after such a disruptive break, they can file after waiting 4 years and 1 day after returning to the U.S. after the long break, if otherwise eligible. If after waiting 4 yrs and 1 day, they still don't have the minimum 4 years and 9 months, then they are not yet OTHERWISE ELIGIBLE. That is why this regulation is refered to as a "remedy". It is not some loophole.
 
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Hi Al,
You're right, no need to take a cab. We arrived there at 8:35 A.M., waited for 25 minutes to reach the main gate. (lines were 2 blocks long)
Thanks.
 
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