Complex case, need expert advice.

[Mufuruki2]

Now that I have been scheduled for interviews, I want to share my scenario for your evaluation and tips.
I became an LPR in Jul 2004. Immediately got employment with an International NGO. Begun taking work-related short trips abroad. In Jul 2007, my employer seconded me to the office in Africa. I applied and secured N-470 and re-entry permit for self and family. Left with family on Jul 2 2007. Returned to USA for a one week visit in May 2008. In Nov 2008, got another job with another American NGO and was immediately sent on assignment in Africa, but in a different country. My family was still in Africa, so they stayed with me (just moved across). Since my N-470 was conditional on continous employment with the first NGO, it became invalid after switching jobs (Nov 2008). My re-entry permit expired on Jun 30, 2009. We returned to USA for one week in April 2009. We returned to USA in Dec 2009 and still working with my second employer. I sent my N-400 on Dec 28, 2009. My stay out from April 2009 to Dec 2009 is not covered by N-470. However, I have 41 months of physical presence (including those covered by N-470 and have spent the five years of LPR. Total 15 trips and 1091 days out in five years. Have owned a house since 2005 (rented it when was out, but occupied it upon return), paid all taxes, have only worked for American NGOs [not hired by African branches], have all my pay stubs, maintained USA bank accounts, have morgage statements, health insurance, credit cards, Student loan statements, DL, Lib card, ....and a sincere heart that I never intended to abandon my LPR. What are my chances? How can convince the IO?

 

[Jackolantern]

I sent my N-400 on Dec 28, 2009. My stay out from April 2009 to Dec 2009 is not covered by N-470.

Your stay from November 2008 to December 2009 was not covered by the N-470.

However, I have 41 months of physical presence (including those covered by N-470 and have spent the five years of LPR.

Did your N-470 indicate that the time spent overseas would count towards physical presence? Normally it doesn't count towards physical presence unless you're in the military or otherwise working for the US government. If you ignore the N-470, it looks like you just might barely miss the 30 month physical presence requirement, depending on how much time you spent abroad in 2005-2007.

 

[Mufuruki2]

Your stay from November 2008 to December 2009 was not covered by the N-470.

Did your N-470 indicate that the time spent overseas would count towards physical presence? Normally it doesn't count towards physical presence unless you're in the military or otherwise working for the US government. If you ignore the N-470, it looks like you just might barely miss the 30 month physical presence requirement, depending on how much time you spent abroad in 2005-2007.

No, it is April 2009 (not 2008) to Dec 2009. Yes, my N-470 approval explicitly states that my time spent out on behalf of my first employer counts to both physical presence and continous residency. My challenge is the April 2009 to Dec 2009.

 

[Bobsmyth]

No, it is April 2009 (not 2008) to Dec 2009. Yes, my N-470 approval explicitly states that my time spent out on behalf of my first employer counts to both physical presence and continous residency. My challenge is the April 2009 to Dec 2009.

But you mentioned you switched employers in November 2008 and was immediately sent to Africa.?

 

[Mufuruki2]

Correct. Since I left the first employer for which I had got N-470 in Nov 2008, its validity ceased. However, I returned to USA in April 2009 for one week, went back, and returned in Dec 2009. Since from Nov 2008 to April 2009 is less than six months, I presume I am safe for that period... but may be wrong. Then from April 2009 to Dec 2009????

 

[TheRealCanadian]

However, I returned to USA in April 2009 for one week, went back, and returned in Dec 2009. Since from Nov 2008 to April 2009 is less than six months, I presume I am safe for that period... but may be wrong. Then from April 2009 to Dec 2009????

You were outside the US for all but one week from November 2008 to December 2009? That certainly broke your continuous residence.

 

[Jackolantern]

Correct. Since I left the first employer for which I had got N-470 in Nov 2008, its validity ceased. However, I returned to USA in April 2009 for one week, went back, and returned in Dec 2009. Since from Nov 2008 to April 2009 is less than six months, I presume I am safe for that period... but may be wrong. Then from April 2009 to Dec 2009????

You apparently believe the common misconception that trips under 6 months don't matter.

Unfortunately that is not true. The 6 month rule only means they can deny you solely for taking a single trip of over 6 months, unless you can provide sufficient evidence to convince them otherwise. If all trips are under 6 months, they can still deny you based on the complete picture of your trips abroad and ties to the US (or lack thereof). So what you have here is a 13 month stretch outside the US that isn't protected by N-470 and only has a 1-week presence in the US somewhere in the middle. That will count against you for continuous residence, and will be balanced against your ties to the US.

You already applied, so all you can do now is gather your evidence, and go to the interview and see what happens. But if you are still working abroad without an N-470, it's practically guaranteed that you will be denied.

 

[Bobsmyth]

Correct. Since I left the first employer for which I had got N-470 in Nov 2008, its validity ceased. However, I returned to USA in April 2009 for one week, went back, and returned in Dec 2009. Since from Nov 2008 to April 2009 is less than six months, I presume I am safe for that period... but may be wrong. Then from April 2009 to Dec 2009????

A one week return to US between long trips does not invalidate the overall intent of your stay outside US between November 2008 and December 2009. Since you didn't maintain a primary residence in US during that time (renting out your house is not considered as maintaining primary abode) , you may have a difficult time convincing IO at interview that you didn't break continuous residency.

 

[GungaDin]

Now that I have been scheduled for interviews, I want to share my scenario for your evaluation and tips.
I became an LPR in Jul 2004. Immediately got employment with an International NGO. Begun taking work-related short trips abroad. In Jul 2007, my employer seconded me to the office in Africa. I applied and secured N-470 and re-entry permit for self and family. Left with family on Jul 2 2007. Returned to USA for a one week visit in May 2008. In Nov 2008, got another job with another American NGO and was immediately sent on assignment in Africa, but in a different country. My family was still in Africa, so they stayed with me (just moved across). Since my N-470 was conditional on continous employment with the first NGO, it became invalid after switching jobs (Nov 2008). My re-entry permit expired on Jun 30, 2009. We returned to USA for one week in April 2009. We returned to USA in Dec 2009 and still working with my second employer. I sent my N-400 on Dec 28, 2009. My stay out from April 2009 to Dec 2009 is not covered by N-470. However, I have 41 months of physical presence (including those covered by N-470 and have spent the five years of LPR. Total 15 trips and 1091 days out in five years. Have owned a house since 2005 (rented it when was out, but occupied it upon return), paid all taxes, have only worked for American NGOs [not hired by African branches], have all my pay stubs, maintained USA bank accounts, have morgage statements, health insurance, credit cards, Student loan statements, DL, Lib card, ....and a sincere heart that I never intended to abandon my LPR. What are my chances? How can convince the IO?

Doesn't look good but as you've already applied, Hope for the best.

 

[Mufuruki2]

You apparently believe the common misconception that trips under 6 months don't matter.

Unfortunately that is not true. The 6 month rule only means they can deny you solely for taking a single trip of over 6 months, unless you can provide sufficient evidence to convince them otherwise. If all trips are under 6 months, they can still deny you based on the complete picture of your trips abroad and ties to the US (or lack thereof). So what you have here is a 13 month stretch outside the US that isn't protected by N-470 and only has a 1-week presence in the US somewhere in the middle. That will count against you for continuous residence, and will be balanced against your ties to the US.

You already applied, so all you can do now is gather your evidence, and go to the interview and see what happens. But if you are still working abroad without an N-470, it's practically guaranteed that you will be denied.

Thanks Jackolertan,

You are right. The truth is that I thought about abandoning the assignment and return, but the employment realities of the moment held me back. I know I have crittical deficiencies. The help I need now is how I can overcome these deficiencies before an IO. I am back in USA working with the same second employer and have not gone out since Dec 2009. Any similar experiences out there?

 

[Mufuruki2]

Thanks Bobsmyth,

I agree I have a lot of convicing to do. Do you have any tips or experience from similar cases that can be of help?

 

[Bobsmyth]

Thanks Bobsmyth,

I agree I have a lot of convicing to do. Do you have any tips or experience from similar cases that can be of help?

There have been several posters in the past who have reported of being denied based on back to back trips of just under 6 months.
USCIS looks at your overall situation to determine continuous residency. By joining another employer in Africa in November 2008 and returning to US for only 1 week in April 2009 and returning for good to US in 2009, the period between November 2008 and December 2009 may be seen as a break in continuous residency. The fact that you didn't maintain a primary US abode during that time period will make it ever so difficult for you to prove that you didn't intend to break continuous residence during the time.

 

[Mufuruki2]

Complex case, need expert advice

Thank you,

Well, I actually got the job offer while I was back in USA in June 2008, but took it up only in Nov 2008 as I still had alot to accomplish with my first employer. Secondly, the second employer employed me as a US staff and have continued to be on its US payroll since. Although I said i rented the house, I actually gave it out to a needy family [friends met at church] so as to take care of it, although they made some contributions [not every month] towards mortgage [declared it as rent for tax purposes].

Additionally, I had wanted to be back in Sept, but my mom fell critically sick and I had to travel to my country of orign to see her and provide some assistance. Unfortunately, on return to my country of assignment, I got down with malaria combined with ecoli infection that led me to be hospitalized for four days Doctors discouraged me from traveling back to USA with malaria (verbally). I got better in Nov, completed the remaining bits of my assignment and returned in Dec. I have medical forms to prove both my and my mom's sickness... in addition to evidence of continued US ties [Title deed, mortgage statements, bank accounts, re-entry permit, letter from employer confirming I was on a short assignment and remained on US payroll, etc] Would that help?

 

[GungaDin]

Thank you,

Well, I actually got the job offer while I was back in USA in June 2008, but took it up only in Nov 2008 as I still had alot to accomplish with my first employer. Secondly, the second employer employed me as a US staff and have continued to be on its US payroll since. Although I said i rented the house, I actually gave it out to a needy family [friends met at church] so as to take care of it, although they made some contributions [not every month] towards mortgage [declared it as rent for tax purposes].

Additionally, I had wanted to be back in Sept, but my mom fell critically sick and I had to travel to my country of orign to see her and provide some assistance. Unfortunately, on return to my country of assignment, I got down with malaria combined with ecoli infection that led me to be hospitalized for four days Doctors discouraged me from traveling back to USA with malaria (verbally). I got better in Nov, completed the remaining bits of my assignment and returned in Dec. I have medical forms to prove both my and my mom's sickness... in addition to evidence of continued US ties [Title deed, mortgage statements, bank accounts, re-entry permit, letter from employer confirming I was on a short assignment and remained on US payroll, etc] Would that help?

Present them and hope for the best. IOs are usually very strict on the continuous residence requirement and any amount of good intentions don't overcome the fact that you were not resident in the US between Nov 2008 and Dec 2009.
But, you have nothing to lose, so be prepared to make your case to the IO and hope for the best.

Also, being on US payroll doesn't mean much - otherwise what's the point of the N-470.

 

[Mufuruki2]

Thanks for your encouragement. I want to use being on payroll for my USA employer as proof that I never gave up my employment in USA [in addition to letter from employer, W2, pay stubs,]. This is one of the evidences required to prove that even with staying away for 6 months, the intension was not to abandon residency [sect 316 of the Act].

 

[GungaDin]

Thanks for your encouragement. I want to use being on payroll for my USA employer as proof that I never gave up my employment in USA [in addition to letter from employer, W2, pay stubs,]. This is one of the evidences required to prove that even with staying away for 6 months, the intension was not to abandon residency [sect 316 of the Act].

You can only use paystubs, etc only if the IO categorizes these trips as two separate trips bringing you below the 12 month mark.
The major concern on this board is that the IO will categorize this as a single long trip and as that is over 12 months, absent a covering N-470, you would have broken continuous residence.
But like I said before, you can only hope for the best (but plan for the worst).
You may get a trainee IO who doesn't make the connection and you're home free...

 

[Mufuruki2]

Thanks guys for all your advice and counsel. My wife and I passed the interview and had same day oath yesterday. To those still waitings, good luck.