Citizenship application process

[ketanco]

Hello,
1- After you apply for citizenship, how does it work? If you meet the basic requirements on the form, then is the interview only place that your absences are reviewed?

2-I will have several 3-4-5 month absences. A 3 and 5 month is back to back separated by 10 days (which I am the most concerned about). How much detail will they get into? I meet the basic requirements of physical presence and max 180 days absences but do they get into a detailed questioning of my absences usually or sometimes depending on the officer? Any experiences will also be appreciated. I read about many interview experiences and they all tell about 10-20 minute interview experiences. Combined with all other questions, it means they do not really get into too much detail of questioning your absences do they? If they do, would it help to tell them that it took 9 years for me to get a green card and i was almost always in the US in that time? I mean how often do they use their subjective authority on this? If you meet the basic requirements, does it have to be something more repetitive in order to disqualify you, or he or she can just focus on one absence (i.e. 3+5 months) and question that and deny the whole thing?

3-How long does the whole process take usually? and if you pass, how long does it take you to obtain your US passport?

 

[Huracan]

Basically your question is what chances do you have of obtaining US citizenship when you have zero commitment to the US, and you already have, or intend to move residence abroad

 

[ketanco]

Basically your question is what chances do you have of obtaining US citizenship when you have zero commitment to the US, and you already have, or intend to move residence abroad

Well at least the timeline in your signature was useful... Yes zero commitment... Except that it took me 9 years with close to %100 presence to wait for green card with only a work visa, unable to do anything I wanted...

 

[mmlo]

Well at least the timeline in your signature was useful... Yes zero commitment... Except that it took me 9 years with close to %100 presence to wait for green card with only a work visa, unable to do anything I wanted...

Ok, just ignore the unhelpful response.

There's no real answer to this. I was in a very similar shoe not very long ago. I had several 4-5 month, even one 7 month absence due to work and my physical requirement was fairly close. I brought tons of proof of me keeping ties to the US -- and obviously your tax returns will be very important here. My travels were brought up in the interview and definitely somewhat 'frowned upon', but I was passed and I wasn't asked for any additional proof.

I'd say, just go for it. The worst case is you gambled 500 bucks, but it's worth it, and generally, if you have enough physical days, then they'll pass you, regardless of your travels.

 

[ketanco]

Ok, just ignore the unhelpful response.

There's no real answer to this. I was in a very similar shoe not very long ago. I had several 4-5 month, even one 7 month absence due to work and my physical requirement was fairly close. I brought tons of proof of me keeping ties to the US -- and obviously your tax returns will be very important here. My travels were brought up in the interview and definitely somewhat 'frowned upon', but I was passed and I wasn't asked for any additional proof.

I'd say, just go for it. The worst case is you gambled 500 bucks, but it's worth it, and generally, if you have enough physical days, then they'll pass you, regardless of your travels.

Thanks this was really useful... One question. WHen you say work, do you list foreign work on N-400 and tell the foreign work to them as a temporary assignment both during interview and during reentry? And does it matter if a US firm employed you or not? Lastly was any of your several month trips back-to-back?

 

[mmlo]

Thanks this was really useful... One question. WHen you say work, do you list foreign work on N-400 and tell the foreign work to them as a temporary assignment both during interview and during reentry? And does it matter if a US firm employed you or not? Lastly was any of your several month trips back-to-back?

No, that was much trickier for me. I work in the film/tv industry, and I'm usually employed on a 1-2 month basis, and very often as an independent contractor. On my travel dates I was working on a travel/food pilot, but that's something I'm not hired for and actually not even paid for until sold and difficult/tricky to actually proof. Instead I literally brought a barrage of papers documenting the show. That's the best I could do, but I work in a funny field. Fortunately or not, I wasn't really questioned on this. I did spend time and work in the US, as well, and my taxes documented that fairly well. Along my application I literally printed out my complete tax return for the last three years, hoping it would help show this. Maybe it helped?

And yes, absolutely some of my trips were back to back separated by one to three weeks.

 

[ketanco]

Yes it did, thanks a lot for your time....

 

[Huracan]

I see that I already gave another "unhelpful" reply on a different thread in which you were asking about your case. I sympathize with your predicament about losing a job and not finding another job. My advice would be that if you're serious about your GC and citizenship you should come back to the US and reestablish residence in the US. If I understand your earlier posts, you can't apply for citizenship until 20 months from now. Is that the case? When are you going to apply? How are you going to satisfy the three months of residence on the district where you'll apply? It seems that one way or another you are trusting your naturalization in either not being asked certain questions by IO or being able to misrepresent your situation (not such a good idea). I sympathize with your job loss, I sympathize with the years it took you to get a Green Card, but I cannot sympathize with a course of action that involves misrepresentation. However, I see that you only like advice or answers that reinforce your chosen course of action.

I'll try to answer your questions:

1. You send your application, they might perform some sanity check to see if you fall under general guidelines, if there is some blatant omission they might send the application back without cashing the check, they cash your check, they ask for name check, send you a fingerprint notice, you have to go for fingerprint. Yes, as far as I know they will review your absences at interview.
2. You have two problems, one is the absence, the other is you'll have to list your jobs, several absences, plus job abroad == red light. I didn't have your circumstances so I can't say. You could try to search for continuous residence and see other people experiences.
3. Don't trust my timeline, that's long time ago, now if you're lucky you can get citizenship within 3 to 4 months. If you have an itinerary for a trip within 2 weeks you can schedule an appointment at a passport agency (not the post office) and you might get a same day or next day passport.

 

[ketanco]

I see that I already gave another "unhelpful" reply on a different thread in which you were asking about your case. I sympathize with your predicament about losing a job and not finding another job. My advice would be that if you're serious about your GC and citizenship you should come back to the US and reestablish residence in the US. If I understand your earlier posts, you can't apply for citizenship until 20 months from now. Is that the case? When are you going to apply? How are you going to satisfy the three months of residence on the district where you'll apply? It seems that one way or another you are trusting your naturalization in either not being asked certain questions by IO or being able to misrepresent your situation (not such a good idea). I sympathize with your job loss, I sympathize with the years it took you to get a Green Card, but I cannot sympathize with a course of action that involves misrepresentation. However, I see that you only like advice or answers that reinforce your chosen course of action.

I'll try to answer your questions:

1. You send your application, they might perform some sanity check to see if you fall under general guidelines, if there is some blatant omission they might send the application back without cashing the check, they cash your check, they ask for name check, send you a fingerprint notice, you have to go for fingerprint. Yes, as far as I know they will review your absences at interview.
2. You have two problems, one is the absence, the other is you'll have to list your jobs, several absences, plus job abroad == red light. I didn't have your circumstances so I can't say. You could try to search for continuous residence and see other people experiences.
3. Don't trust my timeline, that's long time ago, now if you're lucky you can get citizenship within 3 to 4 months. If you have an itinerary for a trip within 2 weeks you can schedule an appointment at a passport agency (not the post office) and you miguht get a same day or next day passport.

Well this answer is much more informative and thanks for that part... But no, nobody is going try to count on any absence not asked about or misrepresent anything...you dont know how long my absences will be or at what points i will travel or how much presence I already have...

 

[Bobsmyth]

Hello,
1- After you apply for citizenship, how does it work? If you meet the basic requirements on the form, then is the interview only place that your absences are reviewed?

Your absences will be reviewed at interview and at oath.

2-I will have several 3-4-5 month absences. A 3 and 5 month is back to back separated by 10 days (which I am the most concerned about). How much detail will they get into? I meet the basic requirements of physical presence and max 180 days absences but do they get into a detailed questioning of my absences usually or sometimes depending on the officer? Any experiences will also be appreciated. I read about many interview experiences and they all tell about 10-20 minute interview experiences. Combined with all other questions, it means they do not really get into too much detail of questioning your absences do they? If they do, would it help to tell them that it took 9 years for me to get a green card and i was almost always in the US in that time? I mean how often do they use their subjective authority on this? If you meet the basic requirements, does it have to be something more repetitive in order to disqualify you, or he or she can just focus on one absence (i.e. 3+5 months) and question that and deny the whole thing?

If you have a travel pattern that suggests break in continuous residency, expect to be asked if you have kept US residency ties and possibly provide evidence.

3-How long does the whole process take usually? and if you pass, how long does it take you to obtain your US passport?

5 months in the posted norm these days.

 

[ketanco]

5 months in the posted norm these days.

Thanks, 5 months is from the start of the application to obtain your passport, which is the whole thing correct?

 

[sanjoseaug20]

Your absences will be reviewed at interview and at oath.

And at Point of Entry. Given that you have constraints in being in US, I suspect (maybe I am wrong), you will be traveling a lot. The CBP officers might also look into it ... however, they are not so consistent in interviewing for absences.

 

[Bobsmyth]

And at Point of Entry. Given that you have constraints in being in US, I suspect (maybe I am wrong), you will be traveling a lot. The CBP officers might also look into it ... however, they are not so consistent in interviewing for absences.

CBP are only interested in absences in terms of LPR status, not for naturalization purposes.

 

[siyaram]

Hello,
I read about many interview experiences and they all tell about 10-20 minute interview experiences.

If there is nothing unusual then you are right, it is generally 10 to 20 Minute interview. During my interview, officer was checking my application thoroughly and was ready to jump into if anything is found.

I don't know how many international trips you had in last five years, if there are many, expect them to ask you many questions on that. I am not trying to scare you but I am just trying to help you in your preperation.

 

[sanjoseaug20]

CBP are only interested in absences in terms of LPR status, not for naturalization purposes.

How does it matter what the purpose is when he/she is standing in front of CBP, not yet a citizen, and is back after a long trip abroad? If he is worried about someone checking absences from US, he needs to worry about CBP.

 

[Jackolantern]

How does it matter what the purpose is when he/she is standing in front of CBP, not yet a citizen, and is back after a long trip abroad? If he is worried about someone checking absences from US, he needs to worry about CBP.

The point is that the residence/absence criteria for maintaining the green card are less strict than for naturalization.

 

[sanjoseaug20]

The point is that the residence/absence criteria for maintaining the green card are less strict than for naturalization.

Correct, but in this case I am basing my comments on what the OP has said in so many threads across the board. Absences can be reviewed by CBP, they may find them OK and let him go. The same goes for interview ... they will review and may find them OK and send him for oath. The fact they are liberal during CBP is not what we are talking about. When the absences are reviewed is what we are talking about, and given the OP's expected (maybe not from this thread) travel plan, it is likely he will travel and be inspected by CBP.

 

[ketanco]

well i dont know... after so much effort to find a job in the US and not getting it due to crisis hitting very hard to my industry, if working for a foreign firm abroad for a while will be an issue, then what can I do.... they say they give this green card to live and work in the US, but there is no work!!! and i am not going to work at a restaurant or clean toilets after so much education and experience just to satisfy residence requirement... all i can do at this point is getting a reentry permit and at least protect the GC. then during the interview, I'll see what happens...

 

[Jackolantern]

Exactly. Get a reentry permit to preserve the GC, then worry about citizenship only after you've given up the foreign employment and returned to the US for good. If they deny your citizenship you can just wait out the required number of years and reapply.

 

[nri107]

Absences of more than six months

Ok, just ignore the unhelpful response.

There's no real answer to this. I was in a very similar shoe not very long ago. I had several 4-5 month, even one 7 month absence due to work and my physical requirement was fairly close. I brought tons of proof of me keeping ties to the US -- and obviously your tax returns will be very important here. My travels were brought up in the interview and definitely somewhat 'frowned upon', but I was passed and I wasn't asked for any additional proof.

I'd say, just go for it. The worst case is you gambled 500 bucks, but it's worth it, and generally, if you have enough physical days, then they'll pass you, regardless of your travels.

Need Help.
I have a problem of absences of more than six months. Out of six absences, three are for more than six months. To complete the minimum requirement of 30-months physical presence, I decided to wait for one more year.
I completed 5 years in November 2008 with first long absence of 10 months in 2004. I started counting five years from arrival back in Nov 2004. Completed 30-months physical presence in April 2009 but decided to apply in Nov 2009 - taking five years from Nov 2004.
Again in 2006 and 2007, absences are more than six months. I was in fact never aware that it causes break unless satisfactorily explained.
I have been filing Tax Returns from 2005 to 2008 - but with very little income and that too for working with my son's company in NY. I have no house of my own - no mortgage or rent receipts. I and my wife live with our son in NY who has given a letter to confirm that we both are living with him as his dependents with one bed room exclusively at our disposal where we have all our personal stuff. My son's company has also given a letter that in 2006 (absence of more than six months), I worked on some India project on behalf of his US company, searching out prospective Indian business associate. In 2007 - I have nothing to explain - no US company job - just one month's salary of Jan 2007 went in my Tax return for 2007.
Last travel to India in 2008 was less than six months and after coming to US in June 2008, we did not go back. I have been concentrating on taking citizenship first before visiting India again in 2010.
I have only two documents - one my son's company letter of employments in 2005, 2006and 2008 (for few months in the whole year with small incomes), tax returns with very small incomes. Continuing with this small income small hours job currently even in 2009.

I would like to know the experience of all those who experienced similar situations at the interview and how to handle these. Do they really matter a lot and how to justify these. Main reason was total ignorance of law - I thought that absence of less than one year will never come in the way - it is only in 2008 when I started thinking of applying for citizenship and realized all this what has already happened.

I have filed my N 400 on November 30 and done FP on 12/24/2009 through walk-in FP.

Now waiting for the interview letter. Based on discussions at this very useful forum, I think, I should expect interview in late February or early March 2010.

It will be a great help if all those having similar experiences can share their thoughts and interview experiences with me.

Many many thanks in advance

NRI 107