Citizenship under 4 year one day rule

R

RAM_INS

Registered Users (C)
Folks, need your help:
I applied under 4 year one day rule and done my Interview on August 16,2011 and waiting for the decision. Since it past 75 days now no response from USCIS
after i went for info pass , writing letter to I/o, calling 1-800.... no updates about the status.In the interview office did not ask any specific questions about the'
trips i made to India. She said that i can apply under 4 year one day rule.
got my GC on 2003 July, and went to India.

My trips gives you an idea:

GC obtained on July 23,2003, under employment based.

Went to India by 2003 Aug - back to US on June 10 2004 - 10 months gap
Went to India by June 30 2004 - back to US on Sep 2005 - 14 months gap
Went to India by Sep 30 - back to US on April 13, 2007 - 18 months gap

I know my eligibility is lost till this point.

I started the 4 year one day from April 13,2007:

Went to India by Feb 07 2008 - Back to US by Nov 15,2008 - 9 months gap
Went to India by Dec 31,2008 - Back to US by June 08,2009 - 5 months gap
went to India by Nov 26,2009 -Back to US by Dec 20,2009 - 1 month gap
Went to India by Nov 26,2010 - Back to US by Dec 20,2010 - 1 month gap
I applied for N-400 in April 29,2011 and May 08,2011 is my priority date
I did my finger print in June 01,2011
I did my interview in Mt.Laurel,NJ in Aug 16,2011.

I am waiting for 75 days and so for no clues. What you think about my case. Will i get my decision approved or Denied?

Before filing i consulted three different lawyers, American immigration lawyer said the chances are 50% : 50%
The other one said not file now, third one said to file in 2013. But i applied based on third lawyer advise. All are immigration american lawyers.

Please let me know your comments:
 
Continuous Residence

Hi RAM_INS,

Did you read this thread from nidhin0006 titled N-400 interview denial plzz help?

Both Jackolantern and BigJoe5 have made good points there. If they can chime in, they can help explain your issue better.

Best of luck on your result and hang in there.
 
RAM_INS said:
Folks, need your help:
I applied under 4 year one day rule and done my Interview on August 16,2011 and waiting for the decision. Since it past 75 days now no response from USCIS
after i went for info pass , writing letter to I/o, calling 1-800.... no updates about the status.In the interview office did not ask any specific questions about the'
trips i made to India. She said that i can apply under 4 year one day rule.
got my GC on 2003 July, and went to India.

My trips gives you an idea:

GC obtained on July 23,2003, under employment based.

Went to India by 2003 Aug - back to US on June 10 2004 - 10 months gap
Went to India by June 30 2004 - back to US on Sep 2005 - 14 months gap
Went to India by Sep 30 - back to US on April 13, 2007 - 18 months gap

I know my eligibility is lost till this point.

I started the 4 year one day from April 13,2007:

Went to India by Feb 07 2008 - Back to US by Nov 15,2008 - 9 months gap
Went to India by Dec 31,2008 - Back to US by June 08,2009 - 5 months gap
went to India by Nov 26,2009 -Back to US by Dec 20,2009 - 1 month gap
Went to India by Nov 26,2010 - Back to US by Dec 20,2010 - 1 month gap
I applied for N-400 in April 29,2011 and May 08,2011 is my priority date
I did my finger print in June 01,2011
I did my interview in Mt.Laurel,NJ in Aug 16,2011.

I am waiting for 75 days and so for no clues. What you think about my case. Will i get my decision approved or Denied?

Before filing i consulted three different lawyers, American immigration lawyer said the chances are 50% : 50%
The other one said not file now, third one said to file in 2013. But i applied based on third lawyer advise. All are immigration american lawyers.

Please let me know your comments:
Click to expand...

You should have waited until 4 years and 1 day after that 9-month trip in 2008. Since you didn't wait that long, you have the burden of proof of showing that you didn't break residence with that trip. What evidence did you present to show that you didn't break residence with the 9-month trip?
 
No qustions asked in the interview

No questions were asked to prove about my residency infact the I/O did not even ask that questions. I was prepared to explain about my proof but she did not ask about that and said that's fine. I am not sure what to do that point. However she asked about my previous long stay but not taken very seriously about that. Finally she said that you have to wait for 60 days and issued N-652 decision is peniding.
 
Withdraw it.

You have almost ZERO chance of approval of the current N-400. Just withdraw it and IF you ever decide to actually reside in the U.S. THEN consider trying to qualify for naturalization. IF your wanderlust has come to an end. Start counting from November 2008.

The rule requires that AFTER you STOP the LONG ABSENCES, then you start counting the 4 yrs and 1 day. 4 yrs and 1 day AFTER the last return to the U.S. you may then file an N-400 the next day IF otherwise eligible. Due to your pattern of travel, it is not safe to make any trips over 6 months as you likely would not be able to overcome the presumption of a break in residence.

PLEASE file a form EOIR-44 to report the attorney that actually told you to go ahead and apply. He or she was (and probably still is) an incompetent boob just trying to charge fees for poor quality service. The lousy advice you got won't result in your Removal but who knows what unfortunate client is being fleeced that will end up deported due to such incompetence.

Lastly, why do you want to be a U.S. Citizen? That is a question that will be asked and you should consider your answer.
 
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Did you file US resident tax return for 2008 (1040, 1040A or 1040EZ)?
Did you present any proof of that?
Were there any questions about that at the interview?
 
No questions in the interview

Thanks raevsky, I was not asked any specific questions and the officer said you can apply under 4 year and one day rule. She said that decision will come in 60 days. I have filed my taxes for 2008.
 
Did your documents contain a proof of your Federal resident tax return being submitted for 2008? I am specifically asking about Federal vs state and about resident vs non-resident return.
 
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Federal Tax yes

Yes, i have filed as resident docuemnt for federal tax 2008 and state 2008. I/O also verified the document. I got the transcript from IRS and submitted to them
I am not sure they will approve my application. Just i applied based on lawyers advise. I have to wait. Thanks for your help.
 
Did you work in the US in 2008?
Did you work outside of US in 2008?
What were your sources of income in 2008?
What does your US resident tax return list as you places of work in 2008?
What does you N-400 list as your places of work in 2008?

Did you have a place of living in the US in 2008?
What does you US resident tax return list as your place of living in 2008?
What does you N-400 list as your place of living in 2008?
Was it a house? An apartment? Rented? Owned?

Did you have any spouse or children in 2008?
Where did they live in 2008? Where did they stay in 2008?

The same questions about parents or siblings.
Who were your dependents in your 2008 tax return?

What was the purpose of the 2008 trip abroad?
 
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withdrawl

BigJoe5 said:
You have almost ZERO chance of approval of the current N-400. Just withdraw it and IF you ever decide to actually reside in the U.S. THEN consider trying to qualify for naturalization. IF your wanderlust has come to an end. Start counting from November 2008.

The rule requires that AFTER you STOP the LONG ABSENCES, then you start counting the 4 yrs and 1 day. 4 yrs and 1 day AFTER the last return to the U.S. you may then file an N-400 the next day IF otherwise eligible. Due to your pattern of travel, it is not safe to make any trips over 6 months as you likely would not be able to overcome the presumption of a break in residence.

PLEASE file a form EOIR-44 to report the attorney that actually told you to go ahead and apply. He or she was (and probably still is) an incompetent boob just trying to charge fees for poor quality service. The lousy advice you got won't result in your Removal but who knows what unfortunate client is being fleeced that will end up deported due to such incompetence.

Lastly, why do you want to be a U.S. Citizen? That is a question that will be asked and you should consider your answer.
Click to expand...

thanks BigJoe5, your point is good. I also wanted to know the decision and applied on the advise of the lawyers. I do not want to waste further my money by filing EOIR-44. All my worry is they can tell me upfront withing this time frame and since it got exceed further to 60 days i am confused. Nothing to see much in my case, very much they should taken decision in real quick. I filed my citizenship for the sake of my children. My son is under 15 and he might get citizenship once i become citizenship,he is alos GC holder but he is in India. Thanks for your help.
 
2008 details

raevsky said:
Did you work in the US in 2008?
Did you work outside of US in 2008?
What were your sources of income in 2008?
What does your US resident tax return list as you places of work in 2008?
What does you N-400 list as your places of work in 2008?

Did you have a place of living in the US in 2008?
What does you US resident tax return list as your place of living in 2008?
What does you N-400 list as your place of living in 2008?
Was it a house? An apartment? Rented? Owned?

Did you have any spouse or children in 2008?
Where did they live in 2008? Where did they stay in 2008?

The same questions about parents or siblings.
Who were your dependents in your 2008 tax return?

What was the purpose of the 2008 trip abroad?
Click to expand...
Yes, I was working for one month in 2008 that is Jan. My father in law expired in India and i have to go for that. Then my wife had some agricultural land and that needs to settled with leaseing person. Some many problems they had in the land like leaser not agreed to leave the land and i have to support my wife for that. Since this is 10 acres of agriculral land and i have to sell that out once for all. Since it has taken tike for me to come out of that is took 9 months. i have lived in my cousin house and i have no income in employement and i was not employed in that year after Jan. So again i came by nov 2008 to find a job and i did not get anything i again went back to get trained. then i came back by june 2009. My children were lived in India. then i filed SB1 in Chennai consulate and got children's green card back. they given another for my chidlren and for my wife they said to file petition. becasue of my citizenship only i can bring my wife otherwise it will take several years. My children i wanted to do their education here i am here otherwise if they are in post graduate level i wont think of this at all. they need hand holding till they finish their undergraduate then they will do their way. as a paranet i need to show the direction that is my responbility.
Thanks for your help.
 
Yes, I was working for one month in 2008 that is Jan.
Click to expand...
That was the only month in 2008 you were employed?
Both N-400 and tax return for 2008 state the same time frame for your employment?
No other employment on both forms?
My father in law expired in India and i have to go for that. Then my wife had some agricultural land and that needs to settled with leaseing person. Some many problems they had in the land like leaser not agreed to leave the land and i have to support my wife for that. Since this is 10 acres of agriculral land and i have to sell that out once for all. Since it has taken tike for me to come out of that is took 9 months. i have lived in my cousin house and i have no income in employement and i was not employed in that year after Jan. So again i came by nov 2008 to find a job and i did not get anything i again went back to get trained. then i came back by june 2009. My children were lived in India.
Click to expand...
So, you have spouse and children in India?
Did you file I-130 for your spouse?

then i filed SB1 in Chennai consulate and got children's green card back. they given another for my chidlren and for my wife they said to file petition.
Click to expand...
How many children do you have?
Do they all have GC? Have they a;lready used their SB-1 to enter US?
How old are they?

becasue of my citizenship only i can bring my wife otherwise it will take several years. My children i wanted to do their education here i am here otherwise if they are in post graduate level i wont think of this at all. they need hand holding till they finish their undergraduate then they will do their way. as a paranet i need to show the direction that is my responbility.
Click to expand...
So, do all of your children have GC? And do all of them actually reside in India with your wife?
Does this all mean you have not filed I-130 for your spouse yet?

i have lived in my cousin house
Click to expand...
Did you rent from your cousin? Do you have a residence of your own?
 
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filed i-130 for my wife

Yes, I filed i-130 for my wife in July 08,2010. My daughter who is close to 18 and doing her undergraduate in US and my son doing his school final in india who has both has GC. They got their GC through my employment on 2001 and went back and i filed SB1 and got back their GC. Their cases is ok. I filed for wife i-130 in 2010 and still dates are not current. Since lawyer said if you file now your -130 will come to close and wife can come after her interview. children will also get citizenship. in US consulate they questioned my wife why you husband not filed his citizenship and ask him to do that. Secondly they lawyer said you have eligible to file only problem is that you have exceed six month but not one year in 2008. i stayed with my cousin on free and i have a letter notorized from him about my stay. in the interview they did not even ask any questions. That is questioned me.
 
So, you did not have employment in US in 2008 by the time of your trip. Also, you did not have a place of living in the US by the time of the trip.
One of your children is actually in the US, while your spouse and another child - outside of USA. Also, you had not filed I-130 for your spouse by the time of the trip. It looks like you applied for naturalization just to shorten her waiting for priority date, not because you really want to be a citizen.

Matter of ABDUL-KHALEK v. JENIFER 890 F.Supp. 666 (1995) http://www.leagle.com/xmlResult.aspx?xmldoc=19951556890FSupp666_11483.xml&docbase=CSLWAR2-1986-2006 lists a similar case. You have several advantages versus that case - your US based child, and no employment outside of US. However, it looks like the lack of employment outside of US is caused by the same factor as there - by the fact that your spouse supported you there, using her land and renting it. Also, your US child could be in the US just to study, not for living. Everything else looks exactly the same as in ABDUL-KHALEK v. JENIFER (no employment in US, no place of living in US, no family members in US, no I-130 submitted for spouse)

Do not be suprised though if CIS officer is not knowledgeable enough and give a positive decision. BIA would most likely have denied.
 
Waiting

raevsky said:
So, you did not have employment in US in 2008 by the time of your trip. Also, you did not have a place of living in the US by the time of the trip.
One of your children is actually in the US, while your spouse and another child - outside of USA. Also, you had not filed I-130 for your spouse by the time of the trip. It looks like you applied for naturalization just to shorten her waiting for priority date, not because you really want to be a citizen.

Matter of ABDUL-KHALEK v. JENIFER 890 F.Supp. 666 (1995) http://www.leagle.com/xmlResult.aspx?xmldoc=19951556890FSupp666_11483.xml&docbase=CSLWAR2-1986-2006 lists a similar case. You have several advantages versus that case - your US based child, and no employment outside of US. However, it looks like the lack of employment outside of US is caused by the same factor as there - by the fact that your spouse supported you there, using her land and renting it. Also, your US child could be in the US just to study, not for living. Everything else looks exactly the same as in ABDUL-KHALEK v. JENIFER (no employment in US, no place of living in US, no family members in US, no I-130 submitted for spouse)

Do not be suprised though if CIS officer is not knowledgeable enough and give a positive decision. BIA would most likely have denied.
Click to expand...

Now i am clear to wait for the denial letter. thanks for your reply and time.
 
RAM_INS said:
thanks BigJoe5, your point is good. I also wanted to know the decision and applied on the advise of the lawyers. I do not want to waste further my money by filing EOIR-44. All my worry is they can tell me upfront withing this time frame and since it got exceed further to 60 days i am confused. Nothing to see much in my case, very much they should taken decision in real quick. I filed my citizenship for the sake of my children. My son is under 15 and he might get citizenship once i become citizenship,he is alos GC holder but he is in India. Thanks for your help.
Click to expand...

Your propensity NOT to do your homework on immigration consequences is a glaring issue that is sure to do you much more harm in the future.

EOIR-44 is a COMPLAINT FORM to report incompetent Immigration Practitioners. There is NO FEE!
 
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