Absences of more than six months
Okay lets assume you satisfy the max. 6 months absences and min 30 months presence requirement for the citizenship application, but say an immigration officer subjectively still considers you to have broken the continuous residency requirement, as he doesnt like the number and duration of trips you made outside the usa....
What happens then? Since he considers you like that, is your green card also considered not valid anymore and you are detained and deported or you have to leave the country in so many days or how does that process work?
Need Help.
I have a problem of absences of more than six months. Out of six absences, three are for more than six months. To complete the minimum requirement of 30-months physical presence, I decided to wait for one more year.
I completed 5 years in November 2008 with first long absence of 10 months in 2004. I started counting five years from arrival back in Nov 2004. Completed 30-months physical presence in April 2009 but decided to apply in Nov 2009 - taking five years from Nov 2004.
Again in 2006 and 2007, absences are more than six months. I was in fact never aware that it causes break unless satisfactorily explained.
I have been filing Tax Returns from 2005 to 2008 - but with very little income and that too for working with my son's company in NY. I have no house of my own - no mortgage or rent receipts. I and my wife live with our son in NY who has given a letter to confirm that we both are living with him as his dependents with one bed room exclusively at our disposal where we have all our personal stuff. My son's company has also given a letter that in 2006 (absence of more than six months), I worked on some India project on behalf of his US company, searching out prospective Indian business associate. In 2007 - I have nothing to explain - no US company job - just one month's salary of Jan 2007 went in my Tax return for 2007.
Last travel to India in 2008 was less than six months and after coming to US in June 2008, we did not go back. I have been concentrating on taking citizenship first before visiting India again in 2010.
I have only two documents - one my son's company letter of employments in 2005, 2006and 2008 (for few months in the whole year with small incomes), tax returns with very small incomes. Continuing with this small income small hours job currently even in 2009.
I would like to know the experience of all those who experienced similar situations at the interview and how to handle these. Do they really matter a lot and how to justify these. Main reason was total ignorance of law - I thought that absence of less than one year will never come in the way - it is only in 2008 when I started thinking of applying for citizenship and realized all this what has already happened.
I have filed my N 400 on November 30 and done FP on 12/24/2009 through walk-in FP.
Now waiting for the interview letter. Based on discussions at this very useful forum, I think, I should expect interview in late February or early March 2010.
It will be a great help if all those having similar experiences can share their thoughts and interview experiences with me.
Many many thanks in advance
NRI 107
