a complex issue with USCIS , is this possible, need your help

I

inara72

Registered Users (C)
I am permanent resident since May 2005 - I took two trips outside USA during this period (may 2005 to June 2012)
1) July 21 2006 to June 10 2012 (11 Months )
2) Oct 6 2008 to April 4 2009 (5 Months and 29 days)

I applied for citizenship on June 12 2012 , i was interviewed on 19 Sep 2012.the IO told me that i passed the civic and English test .he continued the full interview .his objection was my time outside USA .he told me that he can not make any decision at this point and i will be inform later within one month .he also informed me that this is problematic and can cause problems in my Citizenship. he gave me Form N-652 with the check box No decision has been made yet and he wrote by hand that two trips of 180 days or more taken with in last 5 years.

after waiting for one month i visited congressman office and the lady helped me in this .she get some information fro USCIS regarding my application status .she informed me that immigration is right in my case and i did take two trips outside USA within last 5 years.she told me that my first trip which USCIS is counting is from JAN 2007 to JUNE 2007
total of 180 days and Second trip is OCT 6 2008 to APRIL 4 2009

my second trip does not exceed 180 days limit ,the IO told me that they can easily go through with this trip and this should not be the main concern for them

what my concern is how USCIS making these calculations

lets say if i break the continuous residency in my first trip still i am eligible for citizenship

from 10 June 2007 to 12 June 2012 (exactly 5 years)
i am living in USA continuously since April 4 2009 (total of 3 years and 2 Months at the time of filing my N 400)

how USCIS is considering JAN 2007 to JUNE 2007 as part of my two trips and ignoring the 2006 time frame ?
how USCIS is considering my first trip within 5 years limit and why are they including JAN 2007 to JUNE 2007 in the last
5 years and counting this as my first trip ?

any one with same type of experience or any one with some knowledge regarding this issue ?
what are my options now or should i keep waiting till there final decision.

its quite frustrating for me ,any help ,any advise is appreciated

thank you
 
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Your case is another example of how USCIS cannot count.

inara72 said:
I am permanent resident since May 2005 - I took two trips outside USA during this period (may 2005 to June 2012)
1) July 21 2006 to June 10 2012 (11 Months )
Click to expand...
Did you mean July 21 2006 to June 10 2007?

If yes, that trip is irrelevant because it ended more than 5 years before you applied on June 12, 2012.

he gave me Form N-652 with the check box No decision has been made yet and he wrote by hand that two trips of 180 days or more taken with in last 5 years.
Click to expand...
You need to respond to that with a letter clearly pointing out that the trip that ended in June 2007 is more than 5 years before your filing date, and therefore should not be treated as a trip that took place within the past 5 years, which in turn means you did not have 2 trips of 180 days in the past 5 years. Include a copy of the N-652 with the letter. To increase the effectiveness of the letter, have a lawyer write it.

It looks like they are erroneously interpreting the past 5 years as anything from 2007 until now, rather than counting back 5 actual years from your filing date.

The other trip is less than 6 months, and is 179 days if the exit and entry dates are counted as days within the US.
 
yes exactly this is the date July 21 2006 to June 10 2007 and i waited till June 12 2012 for the same reason that i should have
atleast 5 years since June 10 2007 ... USCIS received my application on June 12 2012 which is also the priority date .
don't know why USCIS is considering year 2007 from JAN .and the other trip is exactly 179 days .for no reason USCIS is treating
both these trips as 180 days plus and above that USCIS is treating the 2006/2007 trip as with in last 5 years.
trying to get a legal services for a professional written letter on this to USCIS and Congressman
hope this will help ,Thanks
 
inara72 said:
yes exactly this is the date July 21 2006 to June 10 2007 and i waited till June 12 2012 for the same reason that i should have
atleast 5 years since June 10 2007 ... USCIS received my application on June 12 2012 which is also the priority date .
don't know why USCIS is considering year 2007 from JAN .and the other trip is exactly 179 days .for no reason USCIS is treating
both these trips as 180 days plus and above that USCIS is treating the 2006/2007 trip as with in last 5 years.
trying to get a legal services for a professional written letter on this to USCIS and Congressman
hope this will help ,Thanks
Click to expand...

My guess is that USCIS is looking at the length of the trips rather that the dates, as proof that you were living somewhere else. It is not clear from your original post, if you had a reentry permit. You may need to talk to a good lawyer.
 
I never had a reentry Permit ,lets assume USCIS is looking at the length of the trips then still how they are counting the trip which was 6 years ago and how they are counting my second trip as more then 180 days .its basic math .
total trips in last 5 years one
total number of days outside USA in last 5 years 179

in last 5 years i was only out of USA for 179 Days
 
inara72 said:
I never had a reentry Permit ,lets assume USCIS is looking at the length of the trips then still how they are counting the trip which was 6 years ago and how they are counting my second trip as more then 180 days .its basic math .
total trips in last 5 years one
total number of days outside USA in last 5 years 179

in last 5 years i was only out of USA for 179 Days
Click to expand...

Don't get caught on your own math. What really matters is what USCIS is thinking. It may very well be the case, that they are looking at the fact that since you became a PR, you were living/traveling abroad for extended periods of time, without a reentry permit. As I said before, the actual dates of your trips may be irrelevant. What it may not be, is the length of those trips. Good luck.

I'm not a lawyer, just a forum member trying to help another one.
 
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so what should i do now .. wait for the Decision by USCIS or hire an attorney
its been 38 days .. according to the Law USCIS should make the decision within two months. thats what IO told me during the interview.whats your advise
Thank you
 
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