Complicated Situations for Eligibility

Z

zhaoster

Registered Users (C)
Dear friend and legal experts: my situation might touch the edges of the eligibility requirement, I need your help badly:
Situations:
1/ GC received on Nov 30, 2001. Working and staying in US till April, 2004
2/ in late 2003, I set up a small firm with a partner. The firm based in US and submitted tax return (both for the firm and individule)each year. Since 2004, the firm has been engaging in projects in china. I had made seveal 5-6 month trips in China to work for the projects. In this 2 year period, I returned to US to get together with my family (spouse has been keeping the job in US all the time since GC) for holidays and vacations. Days spent in US for each time I was back from China normal last 10-14 days.
3/ Last trip I returned form China was Aug 25,2006. From now on I'm going to stay in US for the most of time till the admission to the citizenship, though I might need to make a few 5-days trip to China during application.
4/ As of today, the total days in China is 852, and total days in US is 894.
5/ Never left for more than 6 mon for each trip. Our apartment in US is still the same since GC.
Questions for help:
1/ Am I eligible to file citizenship?
2/ Could I file application right now using 3 mon advance filing rule before my 5 year GC anniversary (Nov 30, 2006), even before I meet the minimum requirement of 30 month physical presence in US?
 
I'll offer my non legal opinion for what its worth...

Wait until you have actually accrued 30 months (900 days) of physical presence before submitting your N-400, and make sure there is a little leeway in the 90 day early submission (just in case). Applications can and will be rejected if they arrive even 1 day early.

I can't be sure, but if I were you I'd expect the IO to ask some probing questions connected with your back-to-back extended absences. My personal experience in this area was a little different (I had taken three 5 month trips over 3 years without problem) however your short times back in the US may cause a different reaction. Have your supporting docs ready and you should be fine.
 
egibitlity for physical presence

I agree with boatbod; give yourself a little room, wait until you well clear of the 913 days of U.S. presence. this will also give you some flexibility if you have to travel after your application date and before your oath. from what I read business trips are OK, good for the U.S. but be prepared to backup which is claimed.
 
Its probably worth emphasizing that you need to maintain your physical presence as well as your continuous residence throughout the N-400 process. You probably don't want to be taking any more extended trips in the near future, just in case it tips the balance and throws you under 900 days presence in the rolling 5 year window.
 
I feel I am qualified

Thank you, guys.
It seems to me that I am roughly qualifed for C, as long as trying to restrict myself from long trip abroad from now on.
Now the issue would be what kind of examination and questions the IO will ask and how to handle the interview under such an inferior situation.
Is it necessary for me to hire a lawer to prepare the application?
Any information of experience, especially from those who has similar situations and already went through interviews or the memories from those who had been CAREFULLY EXAMINED during the interviews, are in need to be shared.
 
One of the most typical questions is showing proof of continuous residence.

MAke sure to show your credit card statements for your stay in the USA, along with your bank statement and mortgage statement would help.
 
You must log in or register to reply here.
Top