Recent content by baikal3

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    Residence address for Citizenship applicaion

    Assuming you are still supporting your son financially, he may list either one of the two addresses, the NY address or the GA address, when filing N-400. It is his choice. See p. 23 of "A guide to naturalization" (USCIS publication M-476): "Students may apply for naturalization either where...
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    FBI name check

    Waiting for the Ombudsman is basically a waste of time. The Ombudsman never ever ever provides any meaningful help in such situations. All you'll eventually get from the Ombudsman is the same uninformative response you get from doing a USCIS service request (only with the dubious "benefit" that...
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    FBI name check

    As Jackolantern says, you should file a 1447(b) lawsuit, and the sooner the better. I would also say that you need to get a different lawyer ASAP. The idea that "his case may get denied if we force USCIS to make a decision on a case that is out of their control" is complete nonsense, for several...
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    N-400 case and Interview

    What do you mean by "after obtaining the permanent residency, my family and I returned to China"? Where did you and your family live between 1995 and 2004? In the U.S.? Or in China?
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    Wife preparing her N-400

    Note that the 90 days early filing rule applies only to the continuous residency requirement. All the other relevant requirements must be satisfied at the time N-400 is filed. In particular, for a marriage-based N-400 application, your wife should have been married to you for at least 3 full...
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    Continuous residence question for n-400: away for 9 months

    Hmm, OK. In my opinion, if you apply now, the chances of your N-400 being approved are extremely low. The situation with the continuous residence requirement for students who are studying abroad is pretty murky, and the USCIS does not provide explicit guidance on this point. There is a...
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    Citizenship and N-400 related Questions

    You still have time before the interview, so you should get the relevant evidence now while there is still time. For things that happened within the last year, getting a copy of your current driving record from the DMV should work as these recent tickets and the fact that they were paid should...
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    Citizenship and N-400 related Questions

    At the interview the IO will go over every question in N-400 with you to see if anything needs to be updated or corrected. When the IO comes to Q23, mention that you were not sure if ordinary traffic tickets need to be reported in response to Q23, and that you answered "No" to Q23 although you...
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    Citizenship and N-400 related Questions

    The denial of an N-400 has no immediate effect on the validity of the LPR status, and the latter remains valid even if an N-400 application is denied. There are some, fairly rare, circumstances, where the denial of an N-400 application may be followed by the USCIS initiating the GC revocation...
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    n400 Interview

    Yes. Not only is this standard procedure, but it is actually a required part of the process: during the interview the IO is required to go over every single question in N-400 with the applicants, and confirm with the applicant that the information given in the N-400 form is correct and...
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    Continuous residence question for n-400: away for 9 months

    How were you financially supported during your studies abroad? Did your parents support you? If yes, were your parents living in the U.S. or abroad during that time?
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    In the answer to the last question: No, not really. First, the fact that you have satisfied the physical presence requirement as of this moment is completely irrelevant. The physical presence requirement must be satisfied on the day that the USCIS received your N-400 application (and it is not...
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    No, it does not mean any such thing. Having registered to vote does not, in any way, shape or form, imply that you are a U.S. citizen and that you are eligible to vote. In most states voter registration is done simply when a person asks to be registered to vote, and the state authorities do not...
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    Life on the high Seas

    Actually, on closer reading, the INA 330 exception applies to both physical presence and continuous residency. A table in Section D of the USCIS Naturalization Policy Manual confirms this:
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    Life on the high Seas

    According to INA Sec. 330, it is possible that the days spent on that cruise ship while it was abroad may still count towards your physical presence in the U.S. for naturalization purposes. Whether this applies to you depends on additional factors, such as who owned that cruise ship, where it...