Approved! Continuous Residency OK.
- Thread starter immigrateful
- Start date
Jackolantern
Registered Users (C)
Exactly. Derekleewo's case was stated as being similar to the OP, but with the shorter series of trips and working for a US company, it really was not similar.
Jackolantern
Registered Users (C)
Bottom Line: Each trip being under 6 months does NOT mean you are safe, and each trip being longer than 6 months does NOT mean you will automatically be denied.
immigrateful
Registered Users (C)
Taking that even a level higher, we should look a the role of USCIS in this. I think the USCIS is here to help and facilitate people towards naturalization. As long as you do not have fraudulent intentions and work within the general framework of immigration law, you should be able to naturalize.
A lot of posters and two in particular always take the viewpoint that the USCIS wants to mess with your life for some sadistic reason. That is untrue.
The USCIS wants to see if you maintained residency in the USA in the 5 year period prior to the N-400. Further they want to see if it was continuous.
They are reasonable enough to understand that you cannot put your life on hold and stop all travel. In this globalized world that is impossible to do.
People can end up making serious decisions based no what they read here and I really wish we are not scaring people into putting their life on hold.
How can I agree/disagree with something that doesn’t have to do nothing with naturalization rules/requirement?
Why are you trying to compare sum of days from multiple trips to one single trip? The point is that there is no purpose for making sum of multiple trips - other then for establishing required number of days for physical presence.
Jackolantern
Registered Users (C)
In other words, you are incapable of logical reasoning. Good night.
Exactly. I don’t see why they would want to deny citizenship to someone who is already living here and contributing to their society, unless there are real obstacles such as criminal activity.
Well if only that you were able to come up is insult after not being able to convince us about your theory – I don’t see the reason for continuing conversation to you. And I will not respond to your rudeness – as not being on your level.
Do a quick search about mass denials by the Seattle DO in the late 90s (for something as insignificant as parking tickets) and then ask that question again.
The USCIS, as a whole, may not be out to "mess with people's lives". However, many IOs take it upon themselves to play god and abuse their power. Here's a fine example of how low certain IOs would stoop: http://www.cnn.com/2008/CRIME/03/21/immigration.officer/index.html
If that's not disgusting and sadistic, I don't know what is.
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realnewbie
Registered Users (C)
In this particular case, I believe the IO was himself an immigrant.
immigrateful
Registered Users (C)
Actually it does. That is precisely what the "Guide To Naturalization" document says.
But it has to be a trip originating from your home in the USA to some other location and then back to your home in the USA.
I assume you include me in that short list.
Actually the truth couldn't be more different. I don't think USCIS are out to mess with your life, but there are CLEARLY circumstances that make your life more difficult than if you fit the "conventional" profile of an immigrant who is granted LPR, works a regular job based inside US the borders of the US, and never takes long trips abroad. Once you deviate from basic parameters, there are a number of ways to screw yourself, the severity of which largely depends on the IO assigned to your case. All I try to do is educate people of the potential pitfalls. As with any free advice, its your choice whether to take any notice, or simply ignore it. As I've said before, you were lucky, others in the same situation have not been.
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Is it "luck" or was USCIS making a clear distinction with his case? Without having all the details of every case in front of us I think it's very easy to succumb to the notion that an application was approved due to luck.
Was it sunny day at the time of your interview? That must be the reason why you were so lucky and approved. Who knows what kind of mood IO would have on rainy day.
I really don’t know why there are hesitancies about your approval. Is it a matter of someone’s ego? I don’t think it was luck – since you have satisfied all of the requirements.
Congratulations and thank you for sharing your experience.
Jackolantern, you have offended someone just because she/he is having different opinion. Aren’t you capable of civilized conversation?
I‘m not buying your “logical” hypothesis as well.
I don’t see what the purpose of your hypothesis is other then to mislead and scare people. Your hypothesis is totally irrelevant to the naturalization law and the way USCIS adjudicate applications.
Instead of insisting to be the authority – please take your time and go through Naturalization Law and CIS Adjudicator's Field Manual.
Your deceiving new naturalization regulations should be sanctioned by moderators.
Bobsmyth, I salute you for not taking sides. We really don’t know about circumstances involved in each case. And every case is really different.
But what we know is that IOs are following legal framework set in naturalization law. We should leave speculations on a side, and follow the same law as they are.
I think the pending outcome of my interview in August will be able to shed some light on this issue of continuous residency issue.
Here are my details
IR based GC granted in Nov 2000 when I was 16yrs old.
(I was granted Singapore Permanent Residency in 1998 and had attended school in Singapore from 1995 to 2005)
Travel Details:
Date Left US Date Entered US Total dates Outside US Destination(s)
Dec 2000 Nov 2001 341 Singapore
Dec 2001 Jun 2002 175 Singapore
Jun 2002 May 2003 353 Singapore
Jun 2003 May 2004 355 Singapore
Jun 2004 Apr 2005 313 Singapore
Dec 2007 Jan 2008 28 China
Jun 2008 Aug 2008 78 China, SIN
My application dates can be found below. My extended traveling to and from Singapore was due to school and under the custody and provision of care by my parents who reside in Singapore. My very recent and ongoing trip now is for volunteer service in China and Singapore, and taking a test in Singapore due to my ongoing community services.
My mother is also a GC. My stepfather (US citizen by birth) has been working in Singapore for more than 10 yrs, since his days with the US embassy and peace corp. He then transferred to private sector (Deloittee, then Standard Chartered till the present). Our primary abode was my grandma’s place in the states, but after she had passed away in 2003, our address changed to my aunt’s place. I returned to the states after finishing my pre-university work in Singapore in Apr 2005 and renunciation of my SPR under the approval of my parents (under 21 yrs old).
When I applied, I had a total of about 32months of physical presence in the states. By the time I left the states for relief services at the earthquake region in China, I have about 37months of physical presence in the states. Will be returning to the states early August as planned and there is no near future trips being planned. I will have my degree next year and proceed on to medical school in the states.
I did not expect my IL to arrive this early in the mail box since Philly is one of the slowest paced ones. And I do have an attorney, James J. Orlow, on my case. Do I have hope? Despite the fact not only my lawyer but several other lawyers agreed that my case is strong, I learnt to just go with the neutral mentality. Worst come to worst, if the IO decides to deny me this time, I can apply next April when I fulfilled the 4yrs +1 day rule. Hopefully though he/she will agree with my lawyer
Because I REALLI look forward to voting this year!
sorry for the long post hehe
Here are my details
IR based GC granted in Nov 2000 when I was 16yrs old.
(I was granted Singapore Permanent Residency in 1998 and had attended school in Singapore from 1995 to 2005)
Travel Details:
Date Left US Date Entered US Total dates Outside US Destination(s)
Dec 2000 Nov 2001 341 Singapore
Dec 2001 Jun 2002 175 Singapore
Jun 2002 May 2003 353 Singapore
Jun 2003 May 2004 355 Singapore
Jun 2004 Apr 2005 313 Singapore
Dec 2007 Jan 2008 28 China
Jun 2008 Aug 2008 78 China, SIN
My application dates can be found below. My extended traveling to and from Singapore was due to school and under the custody and provision of care by my parents who reside in Singapore. My very recent and ongoing trip now is for volunteer service in China and Singapore, and taking a test in Singapore due to my ongoing community services.
My mother is also a GC. My stepfather (US citizen by birth) has been working in Singapore for more than 10 yrs, since his days with the US embassy and peace corp. He then transferred to private sector (Deloittee, then Standard Chartered till the present). Our primary abode was my grandma’s place in the states, but after she had passed away in 2003, our address changed to my aunt’s place. I returned to the states after finishing my pre-university work in Singapore in Apr 2005 and renunciation of my SPR under the approval of my parents (under 21 yrs old).
When I applied, I had a total of about 32months of physical presence in the states. By the time I left the states for relief services at the earthquake region in China, I have about 37months of physical presence in the states. Will be returning to the states early August as planned and there is no near future trips being planned. I will have my degree next year and proceed on to medical school in the states.
I did not expect my IL to arrive this early in the mail box since Philly is one of the slowest paced ones. And I do have an attorney, James J. Orlow, on my case. Do I have hope? Despite the fact not only my lawyer but several other lawyers agreed that my case is strong, I learnt to just go with the neutral mentality. Worst come to worst, if the IO decides to deny me this time, I can apply next April when I fulfilled the 4yrs +1 day rule. Hopefully though he/she will agree with my lawyer
Because I REALLI look forward to voting this year! sorry for the long post hehe
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Jackolantern
Registered Users (C)
No, it does not say that every trip being under 6 months makes you safe from breaking continuous residence. It says that a trip of over 6 months will break continuous residence unless you prove otherwise. That does not mean that having the trips under 6 months means you are safe from issues of continuous residence. Nothing in the document or the law says that the IO cannot use other reasons to determine that continuous residence has been broken.
I doubt it. Your case is primarily about you being an overseas student, which USCIS tends to look upon in a very forgiving manner. Its far easier to show close ties to the US if you are a student, than if you are just employed overseas.
Jackolantern summed it up here pretty good. Over 6 months it's up to you to prove you did not break continous residency, that's pretty much undisputed. Under 6 months it's up to the IO to prove that you broke it. Ok with that settled, multiple trips under 6 months, but for several months at a time with short US returns in between.
This is where the IO will determine if you are actually maintaining US residency by residing in the US, paying US bills etc or if you are trying to skirt the system by just comming back for a short time to live with a realitive or friend before returning back to the other country.
An IO can easily and will deny people found to actually be living/working etc in a foreign country, but who comes back for a week or two before 6 months is up, only to leave again. IO's aren't stupid, they know the tricks people use to try and push the system. As mentioned earlier it will be up to the IO to prove you broke continous residency before a 6 month trip. They will look at a lot of things and if they find that your trip under 6 months shows you were actually living and residing outside the US, then yes they can and will deny you.
So many people are taking this under 6 month thing to the extreme and pushing their luck with it, to the point people are blatently just living in other countries and comming back for a short vacation to the US thinking they're all fine. This is not the case, people have been denied for attempting to scam the system. If you want to try it then fine, you might get lucky or you might not, depending on the IO and what they can do to prove you broke residency.
It's pretty simple when you look at it folks...