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

Waterman00 said:
It seems odd CIS processed the application with a broken continuous residence.
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Since the travel time was below 12 months, it doesn't result in an automatic break in continuous residence. The applicant is given a chance to prove continuous residence when travel is below 12 months and above 6 months.
Also, the continuous residence requirement determination is made at the interview when the applicant has otherwise met the statutory requirements.
 
4 yr 9 mo or 5 yr

Hi,

My GC was issued in aug 03 but I resided in the US since may 04. Am I eligible to file the application in March 09 under the 4 yr 9 months rule or do I have to wait the full 5 years ?
I didnt take a rentry permit and have physically stayed in the US for 36 months with one absence of 185 days and others <6 months.
 
You can apply up to 90 days before you have met the 5 year continuous residence requirement.
Was the absence of 185 days during 8/03 to 05/04? Also, what was your travel pattern since you became a LPR?
 
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thanks

Was the absence of 185 days during 8/03 to 05/04? Also, what was your travel pattern since you became a LPR?
No. This was March 08- Sept 08

Pattern of travel:
May 04-may 07: in school in US except for 5 trips to India each lasting about 30 days during vacations.
May 07- Current: In School in India, visiting US every 6 months except for the 185 day absence between march 08 and sept 08

Will have to travel back and forth to file the N400. Would you guys recommend trying for it or is better to wait till I finish school (another 4 years)
 
Can you prove US residential ties during the entire statutory period? (us bank accounts, US income tax filed, utility bills, US rental/mortgage agreement, affidavit from parents that you retained your US address with them (if applicable))
 
thewildleo said:
May 07- Current: In School in India, visiting US every 6 months except for the 185 day absence between march 08 and sept 08
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They look at your entire pattern of travel, not just whether one trip is 6 months. In your case you have 1 trip of over 6 months which is also part of an 18-month pattern of consecutive long absences from the US. So it will be very difficult, although not impossible to convince them that you did not break continuous residence. You should wait at least 6-12 months after returning from your final long trip before applying, in order to create a better impression of actually residing in the US. People who return from a long series of trips and immediately apply are almost sure to be denied.
 
lawyer

hi,

Now if I were to engage a lawyer for this application, how would it help me?
Also if anyone has gone through a lawyer would you happen to know what the approximate cost is ?
 
A lawyer can help in determining how you can prove your continuous residency throughout the statutory period.
Fees vary widely, but anywhere from $2000-4000 seems common.

Save your money since the lawyer can only advise you on how to prove your case using information that is readily available on this forum.
 
thanks

thanks for that advise.

I am currently in the US and intend to do these to establish residency. ( I plan to apply in June 09)

1. get a florida state drivers license.
2. Get car insurance
3. Cosign a lease for an apartment with my brother who lives in the florida district where I plan to file from.
4. Change my bank account address to this address
5. Have already filled in the AR 11 change of residence form for GC holders.
6. file tax for 2007 from this address.

Is there anything else you would recommend? I am in med school in India, and will be returning for the various stages of filing etc.
 
You'll have to prove US residential ties for the time you were away and potentially the entire statutory period. Obtaining such evidence after wards by obtaining a drivers license or insurance will only cover current period.
Concentrate on obtaining evidence of US residency ties for the time you were out of the country.
 
what is recommended for that ?

Unfortunately I havent filed tax so far (just turned 21). Am a student.
My license was the older one was well, with the previous address.
And I didnt rent an apartment in my name. used to live with my brother when I used to come here.
 
Am I Eligible???

I am in the same situation, but I have enough proof and transcripts from my medical school that I was obliged to stay out of USA for the studies!
I already applied and FP done.
Even I do not have any rents, mortgages, tax return here before as I was not earning!
I will try my best to prove my reason for stay out of USA
 
Speaking as an unbiased observer, here's my opinion:

svreddykooturu - you're trying to have your cake and eat it. You voluntarily studied abroad for just under a year, and now, after having taken full advantage of an opportunity outside the US and clearly inconsistent with US residency, you want to also claim that you were a resident in the US.

Ask yourself this: could a US resident take advantage of medical school in your home country while living in the US? If the answer is "probably not", then chances are you weren't a resident in the US during your education.

(There are medical schools in the US, attendance at which would have maintained your residency. Your foreign training would not have transferred, however, which is why you finished your studies in your home country. Leaving the US was voluntary, and I bet that you knew beforehand that any trip outside the US of over 6 months, but under 1 year, would have jeopardized your residency dates. It was a risk you took, and now you're worried that the risk might not pay off. I don't believe for one second - and nor will the interviewer - that you made an homest mistake. You're a highly-educated individual.)

Regardless of the fact that you did indeed spend less than 1 year outside the US, I don't think any evidence presented above will prove that you maintained residency in the US during your time at home. If you spent 7 months outside the US working for a US company that transferred you home and you couldn't refuse the transfer for financial reasons, then I might give you the benefit of the doubt. But a highly-educated individual who leaves the country willingly for just under 1 year (and yes, leaving for just under 1 year makes me suspicious that you were trying to bend the rules just as far as you possibly could) for his own benefit and to pursue something typically inconsistent with US residency leads me to believe that your chances of being successful in your current application are slim at best.

I hope I'm wrong, because if not, that's one huge setback for you. But I'm just going over the facts as I see them presented here. :)
 
that's one huge setback for you:

Does being rejected for inadequate physical presence adversly affect you the next time you apply.
 
N-400 Applicant! Please help!!!

Hi Everyone,

I filed my N-400 last January 12, 2009. I did apply because I thought I am very eligible after reading the guidelines to naturazalition about the 4 year + 1 day rule

After reading this forum thread, I felt so worried knowing that the 4year + 1 day rule will only apply to those who left the country with re entry permit.

I am a LPR since Feb 2000 but I just started staying in the US last June 2004.

Below are the dates that I am outside the US

October 3, 2003 - June 6, 2004 (8 months since I left the US, but 5 months if the counting will start on the day that I apply for the N-400
August 17 - September 8 ,2005 (21 days)
August 25 - September 16, 2006 (21 days)
August 30 - September 17, 2008 (17 days)

I'd my fingerprinting done, and just waiting for the interview now.
Please guys, help me what are the documents that I need to bring to my interview to prove that I did not disrupt my continuous residency.

I am living with my dad and step mom, since then.

My dad is the one paying our rent. (But he was not able to keep those receipts before)
If we will request for a certification from the owner of the house that we are renting his apartment since 2000, will it be enough?
I have an ITR for the year 2004 (but it only covers the month of August - December) since I just started working on that month.

October 2003 - June 2004 is my last semester in school (in Philippines), The reason why I left the US for that long.

please guys share your thoughts, opinions and experiences...

Is anyone here experienced the same case or almost similar to mine? got approve or deny?

Thank you so much guys!
 
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