continous residence again

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cdcd

Registered Users (C)
Hi, i have q regarding the continous residence i was out of the usa for 10 months in a single trip ie between june 5 2003 and may 02 2004. some how i worked in both the year for few months and also i filed the tax for those 2003 and 2004 year, is it enough to prove my continous residence. what is your suggestion.



Thanks
 
Anything after 6 months can be deemed breaking continuous residency. It will depend on how forgiving the IO is. Did you at least get a re-entry permit? That might help in convincing the IO. Generally though, you will need to provide all ties to the US while you were away showing you were still residing in the US. Like car payments, home payments, home bills etc during that time period.

After 6 months out of the country it all lies on you to prove you were maintaining residency, it's now all up to you to have as much evidence to convince the IO as they now consider you as possibly abandoning the CG and breaking the conditional residence, so prove to them you didn't...
 
i dont have any utility bills other then bank statement, 2003, 2004 tax paper and the reason for staying outside because of completion of my education. i think, with all this i cant prove to IO.
 
Generally USCIS have been very flexible for students studying abroad, so you actually have a pretty good chance of success. You can improve the odds by showing that:
(a) your trip was of a known duration before departure
(b) you maintained close ties to the US. e.g. immediate family remained behind
(c) you continued to file taxes as a resident.

Good luck.
 
You sent me a PM and I really am not sure what you should do. You really have two choices:
1. Do as Warlord says, and file now and prove to them you didn't break your continuous residency, with everything you have, tax filing, etc.
2. Wait until you meet the 4 year 1 day rule, which in your case would be May 3, 2008, which is not too far way.

If you do not have a dire need to attain citizenship, spouse waiting abroad, or another need to leave the country, I would wait until you are clear.

To all moderators and other knowledgeable folks please correct my dates on the 4 years 1 day rule, if I am incorrect. Thanks

cdcd said:
Hi, i have q regarding the continous residence i was out of the usa for 10 months in a single trip ie between june 5 2003 and may 02 2004. some how i worked in both the year for few months and also i filed the tax for those 2003 and 2004 year, is it enough to prove my continous residence. what is your suggestion.



Thanks
Click to expand...
 
FTM, Boatbbod,warlord thanks a lot, FTM i am also thinking in a same way, like wait till 4yrs 1 day complete, but i am unsure i am eligible for that rule because i was not out of the usa for more then 1 year.

Again thanks a lot friends, for your inputs.
 
Boatbod

Thanks for your clarification on this matter, I wasn't sure but I also am dealing with this. I stayed out for just under a year from Aug. 2003 - July 2004. I have already applied so I will just hope for an understanding IO, but if my application gets denied I will apply again using the 4 year 1 day. I hope this doesn't happen though I need my citizenship, like everyone on this thread.

Thanks,
ftm
 
Boatbod, i went through 8 CFR 316.5(C) (1) (11), really i did not understand the legitimate sentence. Please tell me i have to show any additional documents other then regular citizenship requirement because of absence between 6 to 12 months. Thanks a lot.
FTM i wish u good luck.
 
I am in the same boat

I already appeared for the interview last week and did not get approved based on the continuous residence break; I passed the test but did not pass the continuous residence rule. I have applied through a lawyer and my lawyer said he would be appealing if they denied me.

This is my background:
Out of the country from 9/4/2001 through 3/10/2003
Have stayed in the US since.
My PD date is May 1st 2007.


Does anyone one think, I have a chance?

Thanks
 
Hey SSRR, have u taken reentry permit when u are outside for a period of 1.6yrs?

Boatbod i am waiting for your reply.pls reply to my post.

Thanks.
 
Hi cdcd,

Thanks for your reply.

I have done reentry permit,
I filed taxes.
The officer saw everything but still was not convinced.

Thanks
 
ssrr said:
This is my background:
Out of the country from 9/4/2001 through 3/10/2003
Have stayed in the US since.
My PD date is May 1st 2007.


Does anyone one think, I have a chance?
Click to expand...

Not under the standard 5yr rule, but apparently you would qualify under the 4yr+1day exception, which should have made you eligible from 11 March, 2007. Sounds like its time for your lawyer to earn his $$$. When did you actually submit your application? (i.e. what date did you write in the signature box?)
 
cdcd said:
Boatbod, i went through 8 CFR 316.5(C) (1) (11), really i did not understand the legitimate sentence. Please tell me i have to show any additional documents other then regular citizenship requirement because of absence between 6 to 12 months. Thanks a lot.
FTM i wish u good luck.
Click to expand...

Two possibilities:
- you might be able to show additional documentation to overcome the presumption of breaking residence from a 6-12 month trip. Such items might include lease/mortgage statements, proof that immediate family remained behind in the US while you were overseas, proof that the trip was always known to be of fixed duration etc, etc.

- alternatively, if you wished to invoke the 4yr+1day rule and have it apply to a continuous residence breaking trip less than 1yr duration, you would probably need to invoke the precedent set by the USCIS memo which I referred to earlier. The text of 8.CFR.315.5(c) really isn't clear in this matter, and most people interpret it to only allow the 4yr+1day exception for trips over 1 year.
 
hi cdcd, boatbod,

Thanks for all the response:

I haven't received a denial letter yet but was able to getthe information from the 2nd level of customer service from uscis.

The date on my application form is 3/15/2007

Based on my interview and based on questions asked, I think I am being denied that I could not prove any ties back to the US at the time of the absence.

I didnot keep my residence.
Both my spouse and myself leftthe country, not leaving any immediate family behind.
I didnot work during that time frame, I accompanied my spouse due to job reasons.

The taxes and re-entry permit did not help.

Thanks
 
ssrr said:
This is my background:
Out of the country from 9/4/2001 through 3/10/2003
Have stayed in the US since.
My PD date is May 1st 2007.
Click to expand...
I would be surprised if you end up getting denied, since you have already done the 4 years and a day. Find out how long and expensive the appeal process might be, because it may be cheaper and simpler to wait until December this year to reapply (when you would have completed 5 years minus 90 days) instead of going through the appeal.
 
SSRR, i am also surprised, did u tell to IO, u are applying under 4yr 1 day rule? What about your physical presence ie how many months are u living in usa since 3/10/2003.
 
Thanks Jackolantern,

I haven't received my denial yet and waiting to see the reason.
If I choose the reapplying route in Dec, does it mean I need to go through fingerprinting and interview again since I completed my fingerprinting on June 2nd 2007 and how long do you think the 2nd process would take.

Thanks.

cdcd,

I have travelled only once for 21 days.
 
cdcd,

Reg, your question if I mentioned to the IO on the 4year rule.
The answer is No and I did not know this rule either.

I was surprised, when this question was brought up, my lawyer didn't accompany me because he said that my case was very straightforward and that all I needed to do was to pass the test.

Just to add another note, I was with the IO for 40 minutes while he was trying to make a decision.
 
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