Asylum claim and Fraud charges

G

greencarder

Registered Users (C)
As you all may know, I am currently awaiting my citizenship interview. It has been almost two months since I did my fingerprints. I am the one who is holding a job at his home country and had visited the US twice in January and February. The first time I stayed 20 days in which I applied for the citizenship and the second time I stayed 4 days to do my fingerprints. Now I am waiting for the interview. I work for an American company whose headquarter is in Delaware and I had a W2 and I paid taxes for both state and federal. I am preparing for all sorts of scenarios. The best one is that they will approve given the fact that in the last 14 years I was away from the US for only 250 days.
Alternatively, they may deny my application citing the fact that I am currently residing in my home country.
Worst case scenario, they may accuse me of fraud since I went back to my home country. Now, here is what comforts me about this issue. In my asylum application, I never claimed that my life was in danger because of the government’s actions. Rather, my life was in danger because of the government's inaction. In other words, my government was very weak at the time and could not stem the danger of Islamic fundamentalists. This took place throughout the nineties, but at the end of that decade, the government finally woke up after the fundamentalists started to hit "infidel tourists." They initiated a security campaign against these miscreants and jailed many of them. Now the government is very strong and pro-western. No one can claim that I was fraudulent since I did not visit my country for 11 years and once I felt safe, I returned and even decided to stay. I could make double what I make now had I lived in the States, but I am doing a job that promotes equality and human rights in my home country.
I am going through a lot of negotiation within myself. I do not think that I made the right decision to apply for my citizenship at this time given the hysteria taking place in this country, but I have nothing to fear. I would probably be rejected and the money I spent will be wasted, but at least I tried. I know I will not stay in my country forever and one day I will come back and then re-apply. Will keep you posted.
 
greencarder said:
As you all may know, I am currently awaiting my citizenship interview. It has been almost two months since I did my fingerprints. I am the one who is holding a job at his home country and had visited the US twice in January and February. The first time I stayed 20 days in which I applied for the citizenship and the second time I stayed 4 days to do my fingerprints. Now I am waiting for the interview. I work for an American company whose headquarter is in Delaware and I had a W2 and I paid taxes for both state and federal. I am preparing for all sorts of scenarios. The best one is that they will approve given the fact that in the last 14 years I was away from the US for only 250 days.
Alternatively, they may deny my application citing the fact that I am currently residing in my home country.
Worst case scenario, they may accuse me of fraud since I went back to my home country. Now, here is what comforts me about this issue. In my asylum application, I never claimed that my life was in danger because of the government’s actions. Rather, my life was in danger because of the government's inaction. In other words, my government was very weak at the time and could not stem the danger of Islamic fundamentalists. This took place throughout the nineties, but at the end of that decade, the government finally woke up after the fundamentalists started to hit "infidel tourists." They initiated a security campaign against these miscreants and jailed many of them. Now the government is very strong and pro-western. No one can claim that I was fraudulent since I did not visit my country for 11 years and once I felt safe, I returned and even decided to stay. I could make double what I make now had I lived in the States, but I am doing a job that promotes equality and human rights in my home country.
I am going through a lot of negotiation within myself. I do not think that I made the right decision to apply for my citizenship at this time given the hysteria taking place in this country, but I have nothing to fear. I would probably be rejected and the money I spent will be wasted, but at least I tried. I know I will not stay in my country forever and one day I will come back and then re-apply. Will keep you posted.
Click to expand...

Are you talking with yourself? stop being so paranoid and just relax. Don't answer anything unless asked. DO not go to into the lecture mode with the officer about your previous asylum claims and if you are safe now or not...You have applied for U.S citizenship which is based on your stays in U.S, unless you show the officer you don't deserve it, you are ok.

Just remember to answer what is asked.
 
wantmygcnow said:
Are you talking with yourself? stop being so paranoid and just relax. Don't answer anything unless asked. DO not go to into the lecture mode with the officer about your previous asylum claims and if you are safe now or not...You have applied for U.S citizenship which is based on your stays in U.S, unless you show the officer you don't deserve it, you are ok.

Just remember to answer what is asked.
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I am just trying to prepare for any possible event! I know you told me that before but it is so hard to let the anxiety go!
 
Why?

Why anxiety? Do you have a guilty conscious? Have you comitted fraud or crime? If you have nothing to hide and not even afraid of getting your application denied. I don't see a point here for being paranoid and having an anxiety attack? :confused:
 
Punjabi_Munda said:
Why anxiety? Do you have a guilty conscious? Have you comitted fraud or crime? If you have nothing to hide and not even afraid of getting your application denied. I don't see a point here for being paranoid and having an anxiety attack? :confused:
Click to expand...
My anxiety stems from the following factors:
1. I am worried that I will be denied citizenship after spending 14 years in the US and after making two trips in less than a month to the US
2. Worse, I am worried that they may accuse me of fraud

Do not you think that these 2 reasons are enough to make anyone anxious?
 
greencarder said:
My anxiety stems from the following factors:
1. I am worried that I will be denied citizenship after spending 14 years in the US and after making two trips in less than a month to the US
2. Worse, I am worried that they may accuse me of fraud

Do not you think that these 2 reasons are enough to make anyone anxious?
Click to expand...

So you are saying you did commit fraud????? IF you didn't..why be scared?
 
Are you sure that you are even eligible for citizenship given the time you have spent outside the country? Did you file any special forms?
 
greencarder said:
As you all may know, I am currently awaiting my citizenship interview. It has been almost two months since I did my fingerprints. I am the one who is holding a job at his home country and had visited the US twice in January and February. The first time I stayed 20 days in which I applied for the citizenship and the second time I stayed 4 days to do my fingerprints. Now I am waiting for the interview. I work for an American company whose headquarter is in Delaware and I had a W2 and I paid taxes for both state and federal. I am preparing for all sorts of scenarios. The best one is that they will approve given the fact that in the last 14 years I was away from the US for only 250 days.
Alternatively, they may deny my application citing the fact that I am currently residing in my home country.
Worst case scenario, they may accuse me of fraud since I went back to my home country. Now, here is what comforts me about this issue. In my asylum application, I never claimed that my life was in danger because of the government’s actions. Rather, my life was in danger because of the government's inaction. In other words, my government was very weak at the time and could not stem the danger of Islamic fundamentalists. This took place throughout the nineties, but at the end of that decade, the government finally woke up after the fundamentalists started to hit "infidel tourists." They initiated a security campaign against these miscreants and jailed many of them. Now the government is very strong and pro-western. No one can claim that I was fraudulent since I did not visit my country for 11 years and once I felt safe, I returned and even decided to stay. I could make double what I make now had I lived in the States, but I am doing a job that promotes equality and human rights in my home country.
I am going through a lot of negotiation within myself. I do not think that I made the right decision to apply for my citizenship at this time given the hysteria taking place in this country, but I have nothing to fear. I would probably be rejected and the money I spent will be wasted, but at least I tried. I know I will not stay in my country forever and one day I will come back and then re-apply. Will keep you posted.
Click to expand...

Mr/s. Greencard;

Regardless of the basis of the benefits sought, there is certain anxiety associated with dealing with the USCIS; and it is this anxiety why I always advice people to refrain visiting COP before citizenship. Having said that I also have some questions relating to your eligibility for citizenship, given your extended period of absence from the country. Although this could be overcome if you had applied to preserve it.


In my opinion, your situation is beyond the scope of this forum and you will find the answer from the adjudicating officer. I am not worried that you will be approved or denied. These are clear cut answers, but there is a third scenario, which is “at this time we can not make decision of your case. We will inform you when we make decision on your case”. This often happens when the adjudicating officer notices some discrepancies in the application and he can not approve and deny.

In each case, your anxiety is understandable; you want to get your citizenship and enjoy all the benefits that come with being one, including getting paid as American citizen as opposed to local pay….
At this stage all we can do is pray for you. And wish the best on your interview…good luck
 
I think you needed to file to preserve your residence in US for naturalization purposes... and I suppossed you have a valid re-entry permit....
Even if you are working for an American Company, you still require to file to preserve ur LPR for NZ...
If you have been twice in the US and you spent the rest of the time abroad... umm that would not make you elegible to Citizenship yet, until you have 5 years of continue residency in the States... regardless of previous residency years without gaps...
The officer will let you know... you case is a bit complex and you may need a lawyer to advice you...
I wish you the best of luck!!! and please let us know...the outcome...
 
So as far as I understand to maintain permanent residence and be eligable for citizenship you can be away no longer than 6 month a year. Am I right?
 
Minsk said:
So as far as I understand to maintain permanent residence and be eligable for citizenship you can be away no longer than 6 month a year. Am I right?
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I think it is 12 months not 6 months. However, in practice, you can not have an RTD that is valid for one year period from date you receive it (not from date of issue). So, the length of your stay (out side US) is constrained by the expiry date of the RTD. You may not want to stay outside beyond the expiry date of RTD.

I would suggest you review and examine the Immigrations policy and law included in the last pages of your RTD.
 
thankful said:
Are you sure that you are even eligible for citizenship given the time you have spent outside the country? Did you file any special forms?
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When I applied for citizenship on January, I had total of 250 days outside the US during the 5 years prior to applying. The longest time was 5 month just before applying.
 
ccordova624 said:
I think you needed to file to preserve your residence in US for naturalization purposes... and I suppossed you have a valid re-entry permit....
Even if you are working for an American Company, you still require to file to preserve ur LPR for NZ...
If you have been twice in the US and you spent the rest of the time abroad... umm that would not make you elegible to Citizenship yet, until you have 5 years of continue residency in the States... regardless of previous residency years without gaps...
The officer will let you know... you case is a bit complex and you may need a lawyer to advice you...
I wish you the best of luck!!! and please let us know...the outcome...
Click to expand...
Will they demand that I keep the continuous residency requirement even after i applied?
 
Yeap

greencarder said:
Will they demand that I keep the continuous residency requirement even after i applied?
Click to expand...

You even have to report the trips taken between your citizenship interview and oath. You have to bring it to the attention of your interviewing officer before oath. It is that important and this is how mow much attention USCIS pays to it.
SO, YES, at the time of interview, if it gets to that, the interviewing officer will update the portion of your application that talks about your time outside the US.
 
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Punjabi_Munda said:
You even have to report the trips taken between your citizenship interview and oath. You have to bring it to the attention of your interviewing officer before oath. It is that important and this is how mow much attention USCIS pays to it.
SO, YES, at the time of interview, if it gets to that, the interviewing officer will update the portion of your application that talks about your time outside the US.
Click to expand...
That confirms my doubt and I feel now that i will not be approved. I am currently residing in my home country. Is this assertion based on certain written rules? Or is it based on your discussions with some people?
 
greencarder said:
That confirms my doubt and I feel now that i will not be approved. I am currently residing in my home country. Is this assertion based on certain written rules? Or is it based on your discussions with some people?
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Greencarder, I am confused. WHy are you living outside U.S if you want to become a U.S Citizen? Is it because of some kind of job that is only available in your country? If you have a relative or somoene else to take care of, I can understand...but are you saying you would risk getting U.S Citizenshp for just a job? It must be a dream job?
 
greencarder said:
That confirms my doubt and I feel now that i will not be approved. I am currently residing in my home country. Is this assertion based on certain written rules? Or is it based on your discussions with some people?
Click to expand...

Hi Greencarder,

Your situation is really difficult, but do not lost faith. Just go there very positive and calm. You are working for an american company, you have paid taxes. Just believe. Good luck, Cl.:)
 
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