Complex citizenship application because of study abroad for ~20 months

santosh_30

Registered Users (C)
Hi All

Here is one mother of convoluted GC app involving study abroad. Only other person I think who can rival this would be the Cafeconleche application.

Received green card on 01/03/2007

Date left US Date returned US Days out of US Months out of US

03/07/2007 03/13/2007 7 0.25
12/28/2008 05/30/2009 153 5.1
06/04/2009 11/05/2009 154 5.1
11/15/2009 03/27/2010 132 4.4
04/07/2010 08/09/2010 124 4.1
12/29/2010 01/25/2011 27 0.9
02/01/2011 04/29/2011 87 2.9

Total days out=684
Total months out=22.8

5 years since green card will be on 01/03/2012

Summary:

Got my green card on 3rd Jan 2007. Since then I have never been out of the US for more than ~ 5 months so have not broken continuity of residence and my total time out of the US is around 23 months. So am well over the 30 month physical presence test.

Here are some more details
1) After getting the GC, except for a one week work trip to Japan, I was in the US (California) for almost 2 years.
2) Then I left for Europe to get a business degree which included a 5 month exchange in Asia. The program lasted about 20 months and I came back to the US every 4 or 5 months and stayed for anywhere from 5 days to 11 days.
3) After the degree, I spent about 4 months in US. Then went to India for one month, back to US for a week and then to South America for 3 months.
4) I came back in early May 2011 and have been in US since then.
5) My permanent address since I left for Europe in Dec 2008 was my brother’s house address in Maryland. This was also my address for banking, credit cards, etc.
6) I have commitments/ties in the US in the form of my immediate family (brother) who is now a permanent resident, my student loans, credit cards, etc.
7) I had a 24 month reentry permit (RP) which was valid throughout my study period
8) I paid Federal and Maryland state taxes when I was abroad.
9) I didn’t take any employment when abroad. Actually for almost a year that I was in school I was getting paid by my US ex-employer intermittently for consulting projects
10) Now I am in California to look for a job but my permanent address is still in Maryland.

As you can see, this is a convoluted situation and my head is spinning as I am filling the N400 form. I can't afford a lawyer right now. I would really appreciate it if you can answer some questions.

a) Part 6.A where they ask for residence. For the ~20 month period when I was studying in Europe and Asia, do I write my brother’s address in the US as my residence?
b) After I returned from studies, my mailing address for everything is my brother’s Maryland address though I spent some 6 months in California looking for jobs. So do I write my brother’s address here too?
c) Currently I am in California in a temporary rental. Should I write my brother’s Maryland address as my permanent address?
d) In part 7, they ask about time outside the US. I backpacked to many countries in East and West Europe during my stay in Europe. Do I mention all the countries?

I understand this is a lot of information to digest. But I wont be eligible to file until September. So please take your time and share any words of wisdom and experience you have.

Thanking all of you in anticipation.

Best

S
 
Oh forgot to mention one big thing. I had misdemeanor DWI in Houston, Texas with ~ 11 months probation, some fine, and community service way back in 1997 (I completed all requirements successfully). Other than that I don't have any records. I had to file a Writ of Mandamus to get my green card since it was indefinitely stalled in FBI Name Check, probably because of my DWI.

Did I say this was a convoluted application????
 
1. The residency requirement is just OUCH. The denial is very likely because of this.
2. I am not sure if you are aware, but you must change the address with USCIS if you haven't done though.
3. If you entered those countries through airport, then you can mention them. Besides I think you should mention them all since it cannot hurt.
4. You would definitely need to get a court records showing the actual outcome.

To be honest, I think it's better to save money and wait for a few more years to settle things down.
 
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I think your case is on the very positive side of the fence. Your absence is nowhere close to the limits. Your reason for going was studies which is much less of an issue than going for employment. Old DUI (1997) should not be an issue. Do fix your mailing address as soon as you can. Ideally you report the address you live at. When filing, this is doubly important as they will scrutinize your statements ... so you work/study here, but you have a license from another state. Fix it before filing.
 
S,
Where is your DL/ State ID from ??? If it is from Maryland you can apply as a resident there. But that will involve 3 trips to Maryland for FP,Interview and Oath.

If you wish to apply from CA you have to be a resident there for 3 months on the date of application and you must possess DL or ID with that address. Choice is yours. It is better to wait and apply . On the date of application you must have proof of having lived in that state for 3 months.

There should be no problem with regard to your absence for higher studies. Keep all records available with you for the interview. List all the countries visited and if needed attach additional sheet.

Mention your DWI and keep the court records with you for interview. You should be through.
 
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If you wish to apply from CA you have to be a resident there for 3 months on the date of application and you must possess DL or ID with that address. Choice is yours. It is better to wait and apply . On the date of application you must have proof of having lived in that state for 3 months.

And the OP has to wait a few months anyway, given that the earliest allowed application date is in October this year, given that the green card was approved in Jan 2007.
 
Looks like you have a decent chance of approval. Of course, the IO can be a pain. When I was a student abroad, my parents' address was my primary place of residence, so I didn't list ANY foreign addresses. As for changes of address, if you're temporarily in CA looking for work, I see no need to record that with CIS. If you have activities there, though, like if you find a job or internship, I would change the address since you'll be listing those in the work section of the N400. And, try to look ahead to see where you will be when you apply and plan the residency based on that. I ended up moving to NY from CA about 4 months before my 5-year GC anniversary so I had to wait 3 months to apply (after having applied for a NY DL). Definitely transfer the DL. Do everything by the book so that it won't add to the scrutiny you might receive for your time abroad. Your physical presence is good, so an IO might just bother you about the continuous residence. Have records of your studies. Transcripts are best, but your registration confirmation will also be helpful. The more, the better. Where did you study? If you can, get the tax authority there to give you proof of no income. And, have your brother write a notarized letter explaining his was your primary abode. Tax transcripts will be good, and proof that you could afford to pay for your education abroad without working.
 
Sorry guys...i didn't know you had replied to my never-ending post. Today I logged on to see since why I didnt get any notifications. And I see all these responses. Let me digest each one and reply.
 
1. The residency requirement is just OUCH. The denial is very likely because of this.
Can you please explain? What is wrong with residency? I have never been out for more than 6 months. And I am well over the 30 month physical presence.

2. I am not sure if you are aware, but you must change the address with USCIS if you haven't done though.
Well my permanent residence in the US has always been my brother's address. For tax filings, credit card, etc. SO I did not file address change form since I was/am in California temporarily

3. If you entered those countries through airport, then you can mention them. Besides I think you should mention them all since it cannot hurt.
Most of them were land border crossings since many were in EU and dont have border control. But I think I will still mention them.

4. You would definitely need to get a court records showing the actual outcome.
Yes I have a final disposition from the court.

To be honest, I think it's better to save money and wait for a few more years to settle things down.
Interesting opinion. In that case, can I just get a job in Europe for couple years and then start the clock all over after coming back?
 
""I think your case is on the very positive side of the fence. Your absence is nowhere close to the limits. Your reason for going was studies which is much less of an issue than going for employment. Old DUI (1997) should not be an issue. Do fix your mailing address as soon as you can. Ideally you report the address you live at. When filing, this is doubly important as they will scrutinize your statements ... so you work/study here, but you have a license from another state. Fix it before filing.""

Sanjoseaug20

Thanks for your reply. Well I did not file any address change forms since I am in California in temporary rentals looking for a job. And anyway, there is no facility for retroactive filing of form AR-11 (address change). So I decided to not file since if I move to another state for a job, I will file AR-11 then and then file N400 after three months in that state. Hope this makes sense.

-S
 
Hi Madh4

Thanks for your reply. I never took a DL from Maryland. I used to live in Cali before I moved to Europe. SO always had a Cali DL. I will get a DL of the state I move to for a job and then use that when filing. Taking proof of travel to 20+ countries I backpacked to is going to be a royal pain. I am trying not to think about it. Will cross that bridge when the interview gets near.

-S
 
Looks like you have a decent chance of approval. Of course, the IO can be a pain. When I was a student abroad, my parents' address was my primary place of residence, so I didn't list ANY foreign addresses. As for changes of address, if you're temporarily in CA looking for work, I see no need to record that with CIS. If you have activities there, though, like if you find a job or internship, I would change the address since you'll be listing those in the work section of the N400. And, try to look ahead to see where you will be when you apply and plan the residency based on that. I ended up moving to NY from CA about 4 months before my 5-year GC anniversary so I had to wait 3 months to apply (after having applied for a NY DL). Definitely transfer the DL. Do everything by the book so that it won't add to the scrutiny you might receive for your time abroad. Your physical presence is good, so an IO might just bother you about the continuous residence. Have records of your studies. Transcripts are best, but your registration confirmation will also be helpful. The more, the better. Where did you study? If you can, get the tax authority there to give you proof of no income. And, have your brother write a notarized letter explaining his was your primary abode. Tax transcripts will be good, and proof that you could afford to pay for your education abroad without working.

Hi Cafe

Great feedback. Thanks!

So you did not list any of your foreign addresses. Didn't the IO ask you why you did not list them if you LIVED abroad when you were studying?

That is why I am confused since the question says list "Where have you LIVED in the past 5 years". If I decide to put my foreign addresses, it will be so confusing since i first lived on campus, then for two months backpacked around Europe with no fixed address, then moved to the city for 5 months, then went to Asia for 6 months, then back in US (California) for four months, then three months in South America traveling again with no fixed address, and now back in California for last 2 months. So it will be very confusing. That is the reason why I did not file AR-11 and am thinking of writing my brother's address until I move somewhere for a job.

And about taxes. The first year in school I had some (nominal) income from consulting. But he second year it was zero. I was able to afford school without working only because I took a student loan. Do you think it is so important to PROVE that you did not work abroad. Is it not sufficient to show that you were a full time student?

Thanks again

-S
 
Hi Madh4

Thanks for your reply. I never took a DL from Maryland. I used to live in Cali before I moved to Europe. SO always had a Cali DL. I will get a DL of the state I move to for a job and then use that when filing. Taking proof of travel to 20+ countries I backpacked to is going to be a royal pain. I am trying not to think about it. Will cross that bridge when the interview gets near.

You don't need to provide proof of traveling to those countries. You just need to record or remember them so they can be listed on the N-400. Also, if you visited multiple countries during a single absence from the US, you don't have to list the individual entry and exit dates for each country. You only have to list the exit and entry date for the US, while listing the names of the countries (without dates) for them.
 
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1. The residency requirement is just OUCH. The denial is very likely because of this.
Can you please explain? What is wrong with residency? I have never been out for more than 6 months.

The continuous residence is not as simple as having no trips of more than 6 months. You can be denied for breaking continuous residence even if every individual trip is under 6 months, and you can be approved even if you have a trip or two of over 6 months each.

They look at your overall pattern of trip and ties to the US (or lack thereof) to determine "was this person a bona fide resident of the US for the entire 5 years"?

The 6 months thing doesn't automatically determine your fate one way or the other. It only affects who has the burden of proof. If you've taken a trip of over 6 months, it's presumed that you broke continuous residence and the burden is on you to provide facts to show otherwise. If all your trips are under 6 months, the burden is on them to point to other facts to show that you broke continuous residence.
 
You can prepare an address listing for just your US address, and then list your foreign addresses on a separate listing if they ask for it. I'm not sure why they didn't ask me, but had they asked, I would have said that I was only temporarily abroad as a student, and thus, my address was always my parents' in the US. I did take a sheet with my European addresses, though. You can leave gaps in addresses in several ways. You can say "TRAVEL" or just show the previous address as applicable during the travel.

As for proving you didn't work, I'm not sure it'll be an issue, but I'm just suggesting you be prepared. If it's too difficult to show, forget it. Just get proof of your loans and finances.
 
Cafe

Did you have to show any proof that you were not employed abroad? Apart from your student credentials? Like a statement from relevant foreign authorities that you did not get any income there?

Thanks!

Pravin
 
Evidence that you were a full time student when abroad, along with your own claim under oath that you didn't work, will normally be enough to convince them that you were not working.
 
I didn't HAVE to show it, but I sent the proof in anyway. What Jackolantern said is right, so don't worry about it too much. The woman who interviewed me was unprofessional about the whole thing. Chances are you won't have someone as cold as she was.
 
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