Am I Eligible---please help!!!!!!!!!

S

svreddykooturu

Registered Users (C)
Hi,
I have been a permanent resident since 2001 but was out of the country for couple years.

Since 11/23/2003, I have been living here in USA (physically present) except for 341 days from 7/20/2004 to 6/27/2005 (less than one year) I lived in India to complete by medical school. Since then (almost for 41 months) I have NOT left the USA for more than 6 months.
I meet all other criteria for Naturalization eligibility.

Given the above information, will I be eligible to apply for Citizenship now?

Thanks in advance!
 
am i eligible for citizenship?

Hi,

What exactly do you mean by 4 years and one day. Isn't it for people who left USA for more than on year.

Based on my application since Nove 2003, I have not left more than a year.
Wouldn't I be eligible now?
 
svreddykooturu said:
What exactly do you mean by 4 years and one day. Isn't it for people who left USA for more than on year. Based on my application since Nove 2003, I have not left more than a year.
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Any absence of six months or greater (not one year) is presumed to have broken continuous residency, unless you can prove otherwise. Can you? Did you maintain a residence or have family ties in the US during that absence?
 
An absence from the US of more than six months breaks your continuity of residence for naturalization purposes.

By staying overseas more than 6 months you broke your continuous residency. You can try to convince CIS that you did not intend making India your home.

You will need to wait 5 full years so you will be eligible to apply on 06/26/2010 - 5 years...counting from the date of return which is 06/27/2005.
(the 90-day rule doesn't apply for broken continuous residence).


Note: Oddly enough, the 4 years + 1 day rule only applies for absences of 1 year or more.
 
8 CFR 316.5(c)(1)(ii) states that an absence of more than 6 months but less than 12 months does not automatically break your continuous residence requirement: it presumes it is broken unless you can overcome it by providing evidence of US residential ties such as rental/mortgage agreement, utility bills, US bank account, US income tax filed as LPR during entire statutory period and duration of medical program. There have been other posters in the same position who have successfully been approved for similar absences that involved completing schooling overseas. Start by determining if you can prove US residential ties during the statutory period and go from there.

http://www.imminfo.com/library/nats-continutityofresidence.html

The 4 year + 1 day rule does not apply for absences less than 12 months, although some on this board continue to argue it does based on an (incorrect) interpretation from a 1993 INS correspondence letter.

http://forums.immigration.com/showthread.php?t=238302
 
am i eligible?

Well, during the stay for 341 days ofut of the USA, can I establish the intent of that stay was schooling?
I did not file any taxes during that time as I was not having any Income. I did not have any rent/mortgage/utility bills.

Are there any other evidence for a schooling person to establish the continuous residence?

thanks
 
am i eligible for citizenship?

I did not have a bank account, but I lived in the same place I stayed before with my immediate uncle.
 
on a similar note

Hi,

On a similar note,

what steps can one take to demonstrate the intent to preserve residence.
I had one trip of 185 days.
Being a student I dont have any income so havnt filed any taxes.
I do have a bank account though.
 
8 CFR 316.5(c)(1)(ii) cites some examples of proof of continuous residence:

The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.


Continuous residence evaluation is determined on a case by case basis. There are no sure proof documents that guarantee successful demonstration of continuous residence since what may not be required by one IO may be required by another in order to establish proof of continuous residence..
 
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am i eligible for citizenship?

Based on what I saw from USCIS it is kind of fuzzy.

It said the following from General naturalization Requirements

"Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months "


Based on these data in the last ~3.5 years (41 months) I haven't travelled out of the country. Then I should be eligible!

Moreover, I have the medical school training documents during that 341 days out of USA stay......

I have already applied N-400 and done with fingerprinting on 12/22/08. I am trying to collect evidence so that I can convince the Adjudicator that the stay of 341 days out of USA was intended for schooling only and NOT breaking the continuity.

FYI : I was just a student, so I did not have a bank account, utility bills, tax returns. BUT I HAD IMMEDIATE RELATIVES (MY MOM's SISTER) WITH WHOM I STAYED ALL THE TIME!


Please someone help me in this matter as I already applied and done with fingerprinting.

Thanks!
 
Have your mom write up a sworn statement attesting to the fact that you resided with her in the US during the statutory period. Obtain tax receipts from the IRS for the statutory period.
 
am i eligible?

Hi Bobsmyth,

I lived with my Mom's sister all the time in US.

However, how can I get a statement that I resided in US when I am not in the US?

I did not file the tax during that period as I did not have any Income.
 
It seems odd CIS processed the application with a broken continuous residence. The issue might come up during your interview and there is a chance you will be asked to wait and re-apply.

The argument you are making: "I was going to school" unfortunately is not good enough. Unless you were in the military and deployed overseas or working for a US Business, taking courses overseas does not qualify as an exception.

As Bob stated, you need to focus on the following:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

Gather as much info as you can to support the points above and take them to your interview should the issue of your trip arise.
 
Bob,

A statement from his mom to the effect that he resided with her would be simply be untrue. Any IO could see through that.

The OP was obviously away for a year and such a sworn statement could get him in trouble.
 
Waterman00 said:
It seems odd CIS processed the application with a broken continuous residence.
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It's not odd, it's typical. They won't reject a case before the interview for breaking continuous residence. They will give the applicant a chance to provide supporting evidence and reasons at the interview.
The argument you are making: "I was going to school" unfortunately is not good enough. Unless you were in the military and deployed overseas or working for a US Business, taking courses overseas does not qualify as an exception.
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By itself it's not good enough. But they are somewhat accepting of those who study abroad, as they know how common it is for people to go to another city, state, or country purely for the temporary purpose of studying and then returning promptly after graduation.
 
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Waterman00 said:
Bob,

A statement from his mom to the effect that he resided with her would be simply be untrue. Any IO could see through that.

The OP was obviously away for a year and such a sworn statement could get him in trouble.
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The purpose of the sworn statement from his mom is to demonstrate that he maintained the residency while he was away, not to deceive USCIS into thinking that he was actually residing there when he obviously wasn't. The sworn statement should state he kept up the residence with his mom while away, not that he was physically living there when he wasn't.
 
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svreddykooturu said:
Hi Bobsmyth,

I lived with my Mom's sister all the time in US.

However, how can I get a statement that I resided in US when I am not in the US?

I did not file the tax during that period as I did not have any Income.
Click to expand...

The sworn statement should state the period of time you have physically resided with her as well as her home remaining your principal residence during the time you were away.
 
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