Dear ALL,
Anybody who stayed outside US continuously for >6months but <1yr got their citizenship denied?
In "A Guide to Naturalization" under continuous residency, it says "If you leave the US for >6 months but <1yr, you have broken your residency UNLESS YOU CAN PROVE OTHERWISE".
My attorney told me that one has to prove his/her intent to keep permanent residency in US and suggested me to take re-entry permit and continue to file taxes as resident.
Brief Context:
Applied for citizenship after being on GC for 5yrs. (LPR since Apr 2002, applied in Feb 2007, FP in Apr and inverview in May).
I was outside US for most of the time from Jan 2005 to June 2006. Came to US in Nov 2005 for a week to keep the prior physical stay (~31 months) intact and not to break 1yr rule. Taken the RE-ENTRY permit though. I was working for a MNC in India and getting paid in Indian currency. Paid/Filed taxes in India and also filed tax returns in US as a resident by declaring the overseas income and taxes. Got an internal transfer back to US in Apr 2007 and getting paid in US currency now.
The IO at the interview seemed to have made up his mind to deny my citizenship application and clearly told me during the first few minutes of the interview itself that no officer could approve my application. However, he went ahead and asked few questions on US history and civic lessons and also tested my English proficiency. I also took my attorney for the interview with me, who couldn’t convince the IO.
The officer asked me:
Do you have any immediately family members in US?
Do you own a home?
Did you continue your employment in the US while you were away?
My response to all of the above was "NO". But I told him, the most immediate family member I could have is my brother with whom I had been living all along while in the US and worked for a US company in India and also got internally transferred back to US now.
I tried to convince the IO by showing the following documents:
Re-Entry permit - Applied in Jan 05, got it in Mar 05 and valid until Mar 07.
Same Address - I have been maintaining the same address (my brother's home) since 2001 and getting all the mail delivered here.
Tax Transcripts – Provided last 5yrs transcripts
Car loan payments - Paid monthly car loan payments until Jan 2007.
Car Registration - Didn't sell my car hence renewed whenever it's due
Car Insurance - Renewed comprehensive insurance upon its due every 6months
Bank Statements - Maintained the bank account
Investments - 401(k), Roth IRA, Stock investments etc
Credit Card bills – Have maintained the US credit cards
But he couldn't buy any of the above. Hence most likely will send me denial letter in the mail soon.
If denied, I am planning to appeal. Any suggestions, precautions, tips and tricks?
I am also considering whether to use the current attorney, different attorney or no attorney.
Anybody who stayed outside US continuously for >6months but <1yr got their citizenship denied?
In "A Guide to Naturalization" under continuous residency, it says "If you leave the US for >6 months but <1yr, you have broken your residency UNLESS YOU CAN PROVE OTHERWISE".
My attorney told me that one has to prove his/her intent to keep permanent residency in US and suggested me to take re-entry permit and continue to file taxes as resident.
Brief Context:
Applied for citizenship after being on GC for 5yrs. (LPR since Apr 2002, applied in Feb 2007, FP in Apr and inverview in May).
I was outside US for most of the time from Jan 2005 to June 2006. Came to US in Nov 2005 for a week to keep the prior physical stay (~31 months) intact and not to break 1yr rule. Taken the RE-ENTRY permit though. I was working for a MNC in India and getting paid in Indian currency. Paid/Filed taxes in India and also filed tax returns in US as a resident by declaring the overseas income and taxes. Got an internal transfer back to US in Apr 2007 and getting paid in US currency now.
The IO at the interview seemed to have made up his mind to deny my citizenship application and clearly told me during the first few minutes of the interview itself that no officer could approve my application. However, he went ahead and asked few questions on US history and civic lessons and also tested my English proficiency. I also took my attorney for the interview with me, who couldn’t convince the IO.
The officer asked me:
Do you have any immediately family members in US?
Do you own a home?
Did you continue your employment in the US while you were away?
My response to all of the above was "NO". But I told him, the most immediate family member I could have is my brother with whom I had been living all along while in the US and worked for a US company in India and also got internally transferred back to US now.
I tried to convince the IO by showing the following documents:
Re-Entry permit - Applied in Jan 05, got it in Mar 05 and valid until Mar 07.
Same Address - I have been maintaining the same address (my brother's home) since 2001 and getting all the mail delivered here.
Tax Transcripts – Provided last 5yrs transcripts
Car loan payments - Paid monthly car loan payments until Jan 2007.
Car Registration - Didn't sell my car hence renewed whenever it's due
Car Insurance - Renewed comprehensive insurance upon its due every 6months
Bank Statements - Maintained the bank account
Investments - 401(k), Roth IRA, Stock investments etc
Credit Card bills – Have maintained the US credit cards
But he couldn't buy any of the above. Hence most likely will send me denial letter in the mail soon.
If denied, I am planning to appeal. Any suggestions, precautions, tips and tricks?
I am also considering whether to use the current attorney, different attorney or no attorney.