Citizenship - Over 6months stay outside US

immigrateful said:
If one has a re-entry permit and has taken up a job abroad then her/his case is as robust as a person who never made a single trip outside of the USA after becoming a permanent resident.
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Wrong! A re-entry permit does not preserve continuous residence for naturalization purposes. It only preserves your ability to avoid having the green card revoked due to abandonment of residence.

You still don't understand that maintaining a green card and obtaining citizenship have different criteria. They have a separate form called N-470 if you want to preserve your continuous residence for the purpose of naturalization. And getting approval for N-470 is more difficult than getting a re-entry permit.
 
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fjmb23 said:
It just sounds kind of confusing since I thought (so did a lawyer I consulted too) that you had to be in the U.S. for 2.5 years out of the last 5 years (can't be out more then aprox. 900 days or so).
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2.5 years physical presence and 5 years of continuous residence leading up to the citizenship application. Not just 2.5 years physical presence within the past 5 years.

Did you read the "Guide To Naturalization"?
 
Jackolantern said:
Wrong! A re-entry permit does not preserve continuous residence for naturalization purposes. It only preserves your ability to avoid having the green card revoked due to abandonment of residence.

You still don't understand that maintaining a green card and obtaining citizenship have different criteria. They have a separate form called N-470 if you want to preserve your continuous residence for the purpose of naturalization. And getting approval for N-470 is more difficult than getting a re-entry permit.
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You are quoting me out of context, Lantern. That quote was about abandonment of LPR status. If you have a re-entry permit and satisfy the needs of CR & PP, your case is as robust as an LPR who obtained LPR and never left the country.
 
Jackolantern said:
2.5 years physical presence and 5 years of continuous residence leading up to the citizenship application. Not just 2.5 years physical presence within the past 5 years.

Did you read the "Guide To Naturalization"?
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Yeppers, and I am pleased to inform that I meet both! never more thatn 6 months outside the U.S.
 
fjmb23 said:
immigrateful:

I posted a thread about my travel profile: http://www.immigrationportal.com/showthread.php?t=259484

Check it out, you actually replied to it.

Jacklantern:

I already applied, and according to your statement the probabilities of getting an approval/denial are the same, seems I won't get approved nor denied at the same time. It just sounds kind of confusing since I thought (so did a lawyer I consulted too) that you had to be in the U.S. for 2.5 years out of the last 5 years (can't be out more then aprox. 900 days or so). I've been a LPR since 1996, but hey, I appreciate your reply.
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fjmb23, I remember that thread. I think your visits were before the 5 year window preceding the N-400 application date. If that is a correct assumption you don't even need to read the forums - your case is rock solid. If not, please post your rough travel profile.
 
immigrateful said:
fjmb23, I remember that thread. I think your visits were before the 5 year window preceding the N-400 application date. If that is a correct assumption you don't even need to read the forums - your case is rock solid. If not, please post your rough travel profile.
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Negative. Those travel dates were during the past 5 years, and actually, to be more precise, just between 2002 and 2004. I don't consider myself to have a rock/solid case just as some people on this forum thought they had then got straight denials, mostly due to lack of "Good Moral Behavior". I read the forums mainly to keep track of the timelines for different DO's and SC's etc. This particular thread got my attention since it has some elements I am willing to discuss, not judge.
 
fjmb23 said:
immigrateful:

Jacklantern:

I already applied, and according to your statement the probabilities of getting an approval/denial are the same, seems I won't get approved nor denied at the same time. It just sounds kind of confusing since I thought (so did a lawyer I consulted too)
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I consulted a lawyer too and I got the same answer - that I will be fine. But Jacklantern did point me to an interesting link:

http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|AFM&s_fieldSearch=foliodestination|chapter%2074.2c&s_type=all&hash=0-0-0-1282

Another person on the forum made 3 or 4 trips to China each lasting 5 months and 3 weeks. He had a total of 18 days inside the USA in a 518 day period. His application was denied for not meeting CR. However, he entered the USA for the last time on August 5, 2007 and sent in his N-400 on August 11, 2005 - that is a big red flag.
 
Well I've given my opinion, and I'll refrain from commenting further unless I see un-addressed technical inaccuracies. However I would like to say that I hope immigrateful and fjmb23 keep the forum updated with their outcome of their respective interviews. Continuous residence is one of the more problematic issues here, and we can all benefit from hearing how things turn out.
 
fjmb23 said:
Yeppers, and I am pleased to inform that I meet both! never more thatn 6 months outside the U.S.
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OK, I misinterpreted your comment about "700 days" as if it was 700 consecutive or almost-consecutive days. That would put you in a 1% chance of approval. If the 700 days was broken up with significant blocks of time inside the US (i.e. much larger than one or two weeks), you're not in such bad shape.
 
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Jackolantern said:
OK, I misinterpreted your comment about "700 days" as if it was 700 consecutive or almost-consecutive days. That would put you in a 1% chance of approval. If the 700 days was broken up with significant blocks of time inside the US (i.e. much larger than one or two weeks), you're not in such bad shape.
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That's all right Jack, I appreciate your point of view and your constructive opinions. ;)
 
Thank you immigrateful.
I checked the original thread for a reply but cudnt find any. Anyways, I am praying and waiting for the letter from INS. I hope it wont be a long wait.
So you think its a positive sign that they transfered my case to a different IO?
You were right, I do have restless sleep & nightmares after my first interview.
 
m_abraham12 said:
Thank you immigrateful.
I checked the original thread for a reply but cudnt find any. Anyways, I am praying and waiting for the letter from INS. I hope it wont be a long wait.
So you think its a positive sign that they transfered my case to a different IO?
You were right, I do have restless sleep & nightmares after my first interview.
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Yes, I think that's a positive sign but that's my opinion - you probably know the best for yourself. Can you post more details about your case - the office where you did the interview, and thing like - did you fill in a foreign address in the section about places where you have lived over the last 5 years? Had you also taken up a job outside of the USA?
 
To much of advice and worries about this subject... everyone gets panic.. avery case is different.. all i can say is make your own judgment. evry application that applied is on the hand of IO..bet it..and w8t
 
And the whole thing kind of boils down to that if you're on a border line gray area like this, the IO will let some pass and others not. So sometimes it really is up to them and no longer in your hands.

Best thing you can do is just bring all evidence you can to convince the IO you met the citizenship requirements (in all aspects). One thing is for sure that there is no definite YES or NO when it comes to things like this. It will be up to the IO and what you can prove to them...
 
My interviews were in Gardencity, NY...
Yes i did put the foriegn addresses and second IO questioned me why i did that...i told her thts wht they ask on N-400 instructions...but IO said i didnt have to as i am not a resident in London but was visiting my husband....i said i didnt know that..she made me sign a paper tht she asked that question and wht my answer was...

During the first Interview the IO didnt ask for any proof of evidence for residency in US...she didnt bother to look at any evidence i had as she has decided to ask me to come for a second interview..she asked me to bring as much as proof (under my name) i can to prove my residency in US for past 5yrs, when i go for the second interview...

I took proofs (2002-2007) such as:

1 bank statements
2 tax returns
3 creditcard statement
4 Job letters & paystubs from my previous & present employement
5 Proof of Dr's visits
6 drivers licence (expired & new)

They asked for much more strong evidence like utility bills, autoregistrations, cancelled cheques etc etc etc...which i didnt have..so i took an affidavit of support from my father (notarized) as i didnt have any utility bills under my name
Also i took any letters or official document which i received to my home address in US during past 5 yrs.

I strongly suggest you to go with an experienced lawyer in this field so that you can avoid any confusion when even when you fill out your application form. You have to be very careful abt wht you write on the form...
Dont make mistakes like i did where put few addresses in London..but they might ask you where u stayed abroad and all...and thts when u need advice from lawyers how to answer those questions...

Well, thts all i cud do and i am eagerly waiting for the outcome of my interview. Rest is upto GOD:)
 
m_abraham12 said:
My interviews were in Gardencity, NY...
Yes i did put the foriegn addresses and second IO questioned me why i did that...i told her thts wht they ask on N-400 instructions...but IO said i didnt have to as i am not a resident in London but was visiting my husband....i said i didnt know that..she made me sign a paper tht she asked that question and wht my answer was...

During the first Interview the IO didnt ask for any proof of evidence for residency in US...she didnt bother to look at any evidence i had as she has decided to ask me to come for a second interview..she asked me to bring as much as proof (under my name) i can to prove my residency in US for past 5yrs, when i go for the second interview...

I took proofs (2002-2007) such as:

1 bank statements
2 tax returns
3 creditcard statement
4 Job letters & paystubs from my previous & present employement
5 Proof of Dr's visits
6 drivers licence (expired & new)

They asked for much more strong evidence like utility bills, autoregistrations, cancelled cheques etc etc etc...which i didnt have..so i took an affidavit of support from my father (notarized) as i didnt have any utility bills under my name
Also i took any letters or official document which i received to my home address in US during past 5 yrs.

I strongly suggest you to go with an experienced lawyer in this field so that you can avoid any confusion when even when you fill out your application form. You have to be very careful abt wht you write on the form...
Dont make mistakes like i did where put few addresses in London..but they might ask you where u stayed abroad and all...and thts when u need advice from lawyers how to answer those questions...

Well, thts all i cud do and i am eagerly waiting for the outcome of my interview. Rest is upto GOD:)
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m_abraham12,

Any updates on your case? Thanks.
 
Here is my case
I just completed 5 yrs in Feb.
I went to home country after applying for Advance payrol as my parents were really sick. I was coming to US every 2-3 months and staying for atleast a month to maintain my residency.
But, 1 trip went over 6 months as I myself was hospitalised and doctors asked me not to travel. I had no choice.
During this time I maintained the US address and had active Bank a/c and Credit card.

If I show the proof of my hospitalization along with my bank and other supporting docs. Will it be sufficient for my application.
Any Idea?
 
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Hope someone can help me on this,

I just filed my N-400 application in the end of Feb. I am still waiting for the Notice of Acceptance. I became a lawful resident since the year of 2000, and I fulfilled the requirement of continuous residency. My question is, if I need to go back to my home country for 5 months or so, will I be questioned by the IO during the Interview for this? Anything I should be keep in mind of? Thanks for all of your help..
 
PC1337 said:
Hope someone can help me on this,

I just filed my N-400 application in the end of Feb. I am still waiting for the Notice of Acceptance. I became a lawful resident since the year of 2000, and I fulfilled the requirement of continuous residency. My question is, if I need to go back to my home country for 5 months or so, will I be questioned by the IO during the Interview for this? Anything I should be keep in mind of? Thanks for all of your help..
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Sure you may be questioned about it during interview, but you don't have anything to worry about since your trip was less than the 6 month period of assumption of continuous residency break. Just make sure you don't start taking multiple back to back 5 month trips since that will definitely trigger more questions.
 
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