6 years and still waiting - security checks not completed

A

Anis2003

Registered Users (C)
Hi all (please help),

My N400 Application had benn pending since October of 2003. Here is a recap:

11/2003- N400 Aplication Received
Few months later- FingerPrint
10/2004 - Interview appointment for 12/2004
11/2004- Interview Canceled
and since then nothing

Name check pending... infopass (every 2-3 months, contacted Senator's office, congressmen...) Nothing. (same response National security we need to wait for FBI clearance or huge Backlog (supposed to be cleared now...)

9/2009 Finger print appointment so i though the case is moving, i called the senator's office for more info to check of the status and the response was:

"A senior adjudicator reviewed the file and stated that only part of the security checks were complete. We are still awaiting additional information"

What should i do, i am avoiding a law suit because for the last 3 years i spent most of my time with my family overseas, I never spent more than 6 months outside of the contry, maintained a business here and paid my taxes, i did`n abondan residency but i spent more time overseas than in the US.

Please help if you can

Anis
 
Have you contacted Ombudsman's office to inquire about your case?

http://www.dhs.gov/files/programs/editorial_0497.shtm

If you have since spent more time overseas than in the US, you may have a hard time proving continuous residence..even if your trips were under 6 months and you own US business and pay US taxes.
Did you continue to pay rent/mortage on your US home as well? Did your immediate family remains the US?
 
Thank you for your response,

I just finished filing the Ombudsman form, I’m mailing it today. In fact my family is overseas, so I started traveling intensively 3 years ago, I am paying rent with roommates, I have an office for my business (I’m also paying rent) I’m also attending school (online), besides being overseas I maintained residency.

From what I know and correct me if I’m wrong, continuous residency (physical presence, spending more time here than overseas) is a requirement before applying for citizenship. After applying for Naturalization it is not clear if I need to maintain residency (not spending more than 6 months overseas) or be physically present.

Here are the three eligibility points in the USCIS web site:

1- Have continuous residence in the United States as a permanent resident for at least 5 years immediately preceding the date of the filing the application

2- Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application

3- Reside continuously within the United States from the date of application for naturalization up to the time of naturalization

A little confusing, not sure what to do.

Regards,
Anis
 
Anis2003 said:
From what I know and correct me if I’m wrong, continuous residency (physical presence, spending more time here than overseas) is a requirement before applying for citizenship. After applying for Naturalization it is not clear if I need to maintain residency (not spending more than 6 months overseas) or be physically present.
Click to expand...

Continuous residency and physical presence are two separate things. Both are a requirement when you file,(5 years continuous residence and 30 months physical presence) but only continuous residence is required up until oath.
If you're now spending the majority of your time with your family overseas it will be seen as a break in continuous residency, regardless of if you have a US business,continue to pay rent on property in US, or return to US every 5 month. Living with immediate family and travel pattern weigh the heaviest in trying to prove US residency ties.
 
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I do not know why you are waiting for. You should file WOM right away. 6 Years waiting is very long. It is ridiculous how USCIS decides who deserves the citizenship and who does not. They are abusing the law to the limit.
 
You should have filed WOM back in 2005, before you started the extensive traveling. If you did that you would have become a citizen 3 or 4 years ago.

How much time have you been spending in the US since you started those long trips in 2006? 5 months per year? 1 month per year? 1 week? If it's just 1 week or 1 month, forget about WOM which would be a waste of money.
 
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Thank you guys for your responses,

I have been in the US for 2 to 3 month every year, i made sure to not exceed the 6 month out every year (technically it is what would make me as abandoning my residency), However, although i spend most of my time overseas ( I maintained an apartment, conduct business daily with the US, i do import/export business, i took classes (even got an online degree), my life continued here (rent, bills,...), i have records. (Looks like I am convincing myself to feel better).

Concerning the (WOM), I’ve been told that it is not an option for security clearances (National Security is above everything else, i hear this from government officials (senators office...) even lawyers.

If there is no risk for denial for the time i spent overseas, I’ll go for it, I don`t know if Rajiv's office can do it here in NC (Raleigh area), if not you know a reliable person let me know, I'll appreciate it.

Regards,
Anis
 
Anis2003 said:
If there is no risk for denial for the time i spent overseas, I’ll go for it, I don`t know if Rajiv's office can do it here in NC (Raleigh area), if not you know a reliable person let me know, I'll appreciate it.

Regards,
Anis
Click to expand...

If you're only spending 2-3 months in US every year for the last 3 years, it will be very difficult for you to prove residency ties given that your immediate family is overseas.
 
Please Clarify

Did you stay 2-3 months every year and did not break 6 months rule?

Did you come back 2-3 months every and maintain 6-months rule?

If you maintained 6 months rule, It is only good for PR, not for citizenship.

Yes, you are considered as a "threat" and there is no chance you will ever get citizenship.

Bobysmith - Please let him know how things work. There is no evidence he is a dedicated US resident and all his family ties are abroad (as obvious from his visits, etc). No response that alludes him to hire a lawyer for better chances. Please do not do that.

Just because you have a business here and degree does not mean you are dedicated and behaved as someone who is committed to US. It will not fool anyone that you are dedicated to this country.

Btw, ask yourself as to you why you need US citizenship? IF you do know, please follow all rules. C'mon buddy, you have not proved anything remotely to "Committment to USA".

Your citizenship will be denied and it is the right thing.
 
What can trigger such long securoty check and how does USCIS do it?

I suggest you forget about citizenship fo rthe time being. People live only for such long and if you spend most of teh time outside USA and seems expect to
keep that life, you really do not need this citizenship. Be practical and get over it.
 
Anis2003 said:
Concerning the (WOM), I’ve been told that it is not an option for security clearances (National Security is above everything else, i hear this from government officials (senators office...) even lawyers.
Click to expand...
"Security Clearance" has nothing to do with it. You are not applying for a Federal job, you are applying for citizenship. WOM is most definitely an option for people with applications pending for years, even if the reason for the delay is the security checks. WOM won't force them to bypass the security checks. It will only force them to complete the checks quickly, which they almost always do when the court (or threat of taking them to court) pushes them. It just turns out that WOM in your case is useless because you failed to satisfy the continuous residence requirement while your application was pending.
 
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Well, Nobody knows about your situation more than yourself. If you know you got nothing to do with National security, as many innocent people who get caught in the middle for years, then you would want to file WOM, otherwise good luck.
 
From what I read from many people's interview experience, it is a standard question "any travel overseas" by the IO. Looks like you will have tough time here...
 
Thank Guys,

1- (Elmondo) I have nothing to do with National Security, i thing that many factors are delaying the clearance such as (Nationality: Tunisian, Business Nature Imports/Exports with many wires going back and forth)

2- Jackolantern -I never spend more than 6 months outside of the US, Isn`t satisfying continuous residency, physical presence (30 Month in 5 years) is only mentioned as a requirement before applying for Naturalization.

3- aka_back - dedicated to the US, I have been here since 1998 with a GC, until 2006 I was not travelling outside the US frequently (Max 1-2 months a year), but when my N400 kept being delayed and delayed with no real completion time frame, I started traveling. I have a wife and three Kids (under 5 years old) overseas, do you think I had a choice, for how long do think I was supposed to ignore them, or was I supposed to forget about them. It was ridiculous waiting with no clear completion date, I had to quit my Job (computer engineer) and start my own business to be able to travel and stay with my family for longer periods (which is i believe the right thing to do).

After 11 years here, I had no choices, it is ridiculous, do I have to give up my wife and kids to get US citizenship, it is humiliating.

Ok, practically, thank you for your advices, I think that I am going to go for the WOM, as I understand from your postings I have nothing to lose (besides money). I`ll go for it at least I’ll have some peace of mind. I`m not sure if Rajiv`s office can do it or not?

Thank you all
Anis
 
Anis2003 said:
2- Jackolantern -I never spend more than 6 months outside of the US, Isn`t satisfying continuous residency, physical presence (30 Month in 5 years) is only mentioned as a requirement before applying for Naturalization.
Click to expand...
Keeping each trip under 6 months does not necessarily preserve continuous residence. It only avoids the presumption of breaking continuous residence. The IO still looks at the overall set of facts to determine continuous residence, not just whether each trip is 6 months or not.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-13927/0-0-0-13985.html
(c) Statutorily Defined Breaks in Continuity of Residence. Every applicant has the burden of establishing by the overall context of facts and evidence that he or she has complied with the continuous residence requirement. However, section 316(b) of the Act specifies two types of absence from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization:

[some more text describing the 6-month and 1-year presumptions]
Click to expand...

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-16671/0-0-0-16734/0-0-0-17118.html
USCIS said:
Continuous Residence Example

The applicant filed Form N-400 on September 8, 1999. He met the physical presence requirements during the statutory period. However, on June 15, 1999, he was sent overseas on an assignment by his employer, which is not an American corporation. He appeared for his interview on January 24, 2001. He informed the examining officer that he was on temporary work assignment in the U.K. and Russia. He acknowledged that he was at that time residing abroad with his spouse and children and gave his address in England. He was not gone for more than six months at any time, but his trips back to the U.S. from June 1999 to January 2001 were brief and sporadic. He cited several rulings from the 1940’s to support his claim that he had met the continuous residence requirement.

The application should be denied for lack of continuous residence under Section 316 of the Act. He failed to reside continuously in the U.S. from the date of application for naturalization up to the time of admission to citizenship.
Click to expand...

Anis2003 said:
After 11 years here, I had no choices, it is ridiculous, do I have to give up my wife and kids to get US citizenship, it is humiliating.
Click to expand...
In other words, you have stronger residential ties outside the US than inside. So you will be denied for lack of continuous residence.
 
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Anis2003 said:
After 11 years here, I had no choices, it is ridiculous, do I have to give up my wife and kids to get US citizenship, it is humiliating.
Click to expand...

Hindsight is 20/20, but you should have looked into how to further escalate the issue back in 2005 after months of inaction and broken promises by USCIS and congressperson. In the end, the responsibility falls on the applicant to find and use every available legal avenue in order to get their case moving.
 
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Anis2003 said:
After 11 years here, I had no choices, it is ridiculous, do I have to give up my wife and kids to get US citizenship, it is humiliating.
Click to expand...

Then don't get it. Wife and kis are more important. It is just as simple as that
 
Jackolantern said:
"Security Clearance" has nothing to do with it. You are not applying for a Federal job, you are applying for citizenship. .
Click to expand...

Is it possible USCIS has an option to request Security Clearance or
at least something that requires same kind of scrutiny more than
just FBI FP and name check whne they think necessary?
 
WBH said:
Is it possible USCIS has an option to request Security Clearance or
at least something that requires same kind of scrutiny more than
just FBI FP and name check whne they think necessary?
Click to expand...

The USCIS background check relies on the NCCP and IBIS database search. If anything comes up that requires more searching, the delays would be on the respective department(s) to provide the information to USCIS. USCIS can't request anything more than what the search results come back with, although it doesn't stop them from further investigating the evidence gathered.
 
You have the right just like everybody else to become citizen. Your family is more important but that does not make you abandon your application. You should seek every legal means possible. Do not give up your rights just because you are Tunisian or your do a lot of wire transfere a lot of people trade and wire money. Forget about senators and congressmen ( they are useless) and what they tell you is not necessarily accurate. You should File WOM demanding USCIS to finalize your application. This is ridicalous how country or religion signal people out in the country that was founded on religious freedom.
 
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