My Situation....What to expect?

G

goro

Registered Users (C)
Hi

I am a resident of the USA since 09/2006.
05/2008-09/2008 - visited my native country
05/2009-04/2010 - lost my job due to economy recession, left to my native country, was looking for a job from there. Had medical problems, so I overstayed 6 months period for a treatment as I wouldn't be able to afford medical expenses in USA (I have several medical notes)
04/2010 - present - live and work in the USA.
09/2011 - will be 5 years.

Based on my situations what can I expect when I apply for citizenship this year?
 
The 05/2009-04/2010 trip will be presumed to have broken your continuous residence, but if you can prove that you were out that long because of some hardship, like your health, you might have a chance if you apply 90 days before your 5 year GC anniversary. Do you have proof of your health condition and treatment?
 
Primary reason why I left the USA was my job loss. While in my native country I had one serious oral surgery and was undergoing treatment of my foot for couple of months. I do possess 3 doctor's notes. I also saved my bank statements for that period to show that I did not have intention to abandon my residence.
 
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Primary reason why I left the USA was my job loss.
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Don't tell the interviewer that. That gives the impression of having weak ties to the US, if job loss is going to make you leave the US for an extended time. It's also bad that you were looking for a job when abroad -- did you actually work there? If you worked, that would be another negative factor.

Did you maintain your house or apartment while you were gone for that trip of over 6 months.
 
Jackolantern said:
Don't tell the interviewer that. That gives the impression of having weak ties to the US, if job loss is going to make you leave the US for an extended time. It's also bad that you were looking for a job when abroad -- did you actually work there? If you worked, that would be another negative factor.

Did you maintain your house or apartment while you were gone for that trip of over 6 months.
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No I didn't work abroad. No I do not own house or apartment. My brother is a citizen here, and I came to stay at his place when I got back to the USA. What can you advise in my situation? Thanks


Just to make myself clear...I was looking for a job in USA when I was back in my country. I had several phone interviews but never got an offer.
 
Well, if you have proof that you stayed abroad for so long due to a medical condition, you have a chance of being approved. You have that you first went only for a visit (right?), and then explain that it was difficult to travel (was it?) and show proof of treatment if asked. Be prepared with a sound story. If you are asked about your job situation at the time, you can mention that you didn't have one but were looking for one in the US. However, only tell them things if you are asked, or if it is clear that the interviewer is doubtful about that absence between six months and a year.

If you can afford the filing fee and have the time, apply for citizenship soon. Your situation doesn't seem that bad, and many have gotten citizenship with similar cases. But, it depends on who interviews you and how inclined they are to sympathise with your situation. Good luck.
 
cafeconleche said:
Well, if you have proof that you stayed abroad for so long due to a medical condition, you have a chance of being approved. You have that you first went only for a visit (right?), and then explain that it was difficult to travel (was it?) and show proof of treatment if asked. Be prepared with a sound story. If you are asked about your job situation at the time, you can mention that you didn't have one but were looking for one in the US. However, only tell them things if you are asked, or if it is clear that the interviewer is doubtful about that absence between six months and a year.

If you can afford the filing fee and have the time, apply for citizenship soon. Your situation doesn't seem that bad, and many have gotten citizenship with similar cases. But, it depends on who interviews you and how inclined they are to sympathise with your situation. Good luck.
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Thanks for your reply. Yes, first I went to visit. There were many reasons why I had to overstay 6 months period but. One of the reasons was a medical treatment which i have notes that are translated and notarized. I never worked there; mainly during that time I was involved in family problems and issues. I also have my brother who lives in USA who is a citizen for 4 years.

I have several questions:

1. Should I mail letter with reason of absence and medical notes along with N400? Or is it all done on the interview?
2. Can USCIS deny citizenship based on N400 only?
3. Or is it a requirement that everyone should go to the interview?
4. What is an interest for interviewer to deny citizenship?
5. What practically can I do if I am denied?
 
1. At the interview.

2. Not sure what you mean by that question, but they're not going to reject you before the interview, unless you applied too early or didn't fill out a required section of the N-400 form or didn't submit the correct fee.

3. If you don't show up for the interview and don't reschedule, you will be denied.

4. Their job is to deny citizenship to those who don't qualify, and approve the applicants who qualify. Their decisions are subject to potentially immediate supervisor review or later auditing, and wrongful approvals can be bad for an officer's career as it is very expensive to revoke wrongfully granted citizenship.

5. You can appeal immediately. If the denial is for failing to satisfy continuous residence or physical presence, you can reapply when you have accumulated enough presence or residence. That may be immediately, or it may be years later depending on when the disqualifying trips occurred.
 
Jackolantern said:
1. At the interview.

2. Not sure what you mean by that question, but they're not going to reject you before the interview, unless you applied too early or didn't fill out a required section of the N-400 form or didn't submit the correct fee.

3. If you don't show up for the interview and don't reschedule, you will be denied.

4. Their job is to deny citizenship to those who don't qualify, and approve the applicants who qualify. Their decisions are subject to potentially immediate supervisor review or later auditing, and wrongful approvals can be bad for an officer's career as it is very expensive to revoke wrongfully granted citizenship.

5. You can appeal immediately. If the denial is for failing to satisfy continuous residence or physical presence, you can reapply when you have accumulated enough presence or residence. That may be immediately, or it may be years later depending on when the disqualifying trips occurred.
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Thanks for reply. So in my situation if I am denied due to continuous residence, will I be able to appeal? If yes, what are the chances after appealing?.......not generally but strictly on my situation?
 
goro said:
Thanks for reply. So in my situation if I am denied due to continuous residence, will I be able to appeal? If yes, what are the chances after appealing?.......not generally but strictly on my situation?
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The chances of an appeal succeeding would be very slim. By law the IO adjudicating a naturalization application is given rather wide latitude and discretion in deciding if the applicant satisfied the continuous residency requirement. An appeal would only have a chance of succeeding if you can prove that the IO grossly misapplied/misinterpreted the relevant laws and regulations; it is rather unlikely that you'd be able to do that in your case. Appeals are also rather expensive and lengthy, and you'd most likely need to hire a lawyer for that. Also, during the appeal you will not be allowed to present any new evidence justifying that your trip did not break continuous residency; you'd only be able to argue that, based on the evidence that you did present during the consideration of your N-400 application the IO should have concluded that you satisfied the continuous residency requirement. Your best shot is not to count on the appeal but to try to convince the IO conducting your naturalization interview that you did not break the continuous residency requirement.
 
Continuous residency is apparently not black and white. Though they say a trip lasting less than a year does not necessarily break one's continuous residence, they do ask for the applicant to justify their claim that the trip did not do so. Medical issues are very often good justification for this. So, if I were you, and the almost $700 wasn't that much of a problem, I would apply in June (not too early, but around 80 days before your 5 year anniverary) and be very well prepared for the interview to justify the long trip. If you don't mind waiting until 2014 (4 years and 1 day after the day you returned from that long trip), do that, and your chances will greatly increase.
 
thanks everybody for replying. if you know someone here on this forum who has/had similar situation with continuous residency, please share the stories here or PM me. Thanks again.
 
goro said:
thanks everybody for replying. if you know someone here on this forum who has/had similar situation with continuous residency, please share the stories here or PM me. Thanks again.
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Can you backtrack a bit? You did not say and nobody asked, but HOW did you obtain your LPR status in the first place?
 
goro said:
thanks everybody for replying. if you know someone here on this forum who has/had similar situation with continuous residency, please share the stories here or PM me. Thanks again.
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Please search. There are many cases of people having issues, and there are many cases of people successfully explaining their absences.
If questioned, I would seriously doubt doctor notes will carry any weight. You will need much more than that, such as hospital bills, medical records and so on. (It might be just my reading of the english, but wanted to be sure). If you indeed had medical situation which did not allow you to travel, I think the IOs are likely to give you credit for it.
 
sanjoseaug20 said:
Please search. There are many cases of people having issues, and there are many cases of people successfully explaining their absences.
If questioned, I would seriously doubt doctor notes will carry any weight. You will need much more than that, such as hospital bills, medical records and so on. (It might be just my reading of the english, but wanted to be sure). If you indeed had medical situation which did not allow you to travel, I think the IOs are likely to give you credit for it.
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Well it wasn't medical situation that didn't allow me to travel, it was mostly that I wouldn't be able to afford treatment in the USA....to be honest...
 
Your best hope is that you are not scrutinized. Did not have a job, or could not afford the treatment ... while these are real life situations for many people ... immigration will not buy these.
 
sanjoseaug20 said:
Your best hope is that you are not scrutinized. Did not have a job, or could not afford the treatment ... while these are real life situations for many people ... immigration will not buy these.
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No I'm not planning to be scrutinized. When on the interview I just plan to tell shortly that I went to visit my parents and one of the reasons I overstayed is medical and dental treatment.
I went through some reading, so for now I have some stuff which I can provide to IO:
2 medical notes (foot swelling, barely walked almost 3 months)
1 dental note (major dental surgery, treatment took about 2 months)
I have my brother who lives in the USA
I have all my tax returns
I have bank and credit card statements for my period of absence
I never worked in my native country

I also have bunch of receipts when I was undergoing treatment....but I don't think they're needed.
What else can I take to the interview?
 
goro said:
When on the interview I just plan to tell shortly
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Please do not start discussing this as soon as you start the interview, but be open and detailed (like you have done above) as soon there is a second question on this aspect. First question will probably be rhetorical ... so you were out?
 
The Immigration Services Officer (ISO) will have certain information. You entered as DV Sept 2006, stayed for about a year and 8 months. Then you departed for around 4 months, returned for around 7 months and departed again for 11 months.

You need to be able to fill in the details. When you arrived, did you have a job lined up already? Did you require an I-134 affidavit? f yes, from whom? Was it your brother? Where did you stay when you 1st arrived? And after that? When you did get a job, what did you do?

It appears that you departed during a very low point in the economy, had you just lost your job or had you struggled for awhile before departing? Did you make serious efforts to search for a new job during that 7 month stint in the U.S.? Did you stay with your brother during that time? Did you depart again due to financial hardship? How serious was your job search from abroad? How qualified were you for any particular job? A DV only needs a high school diploma OR 2 years of work experience in the first place, lack of success in THAT job market is not uncommon for someone with even much higher qualifications.... Then you throw in the medical treatment and costs involved in that and your ability to stay with relatives back in your native country and consider the overall "big picture"....

Don't answer here. Just know that this is what the ISO will be wondering. IF you were the ISO, what would you think about your answers?
 
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