Continous Residence Stayed outside 10.5 Months

B

blueCr12

Registered Users (C)
Guys,

I have my interview scheduled in August. I am worrying about my trip to india that lasted more than six months. I went India to complete my last year of degree and I stayed there for 10.5 months. At that time I was financially depends upon my parents . They were here and filed IRS tax return with me as dependent. I do have my degrees with me that I can show as proof with IRS return that my parents filed in that year. What would you advise me for any other papers ? Will I get any problems in intervew regarding my residency broken.
 
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and we assume you applied in march, 2008? You are in part of the road that you can't make a U turn.
Did you have travel documents during that time? Indian passport?
 
I am not sure about this, but I think you might be right. I believe I have read in this forum that if you were abroad to complete some studies then it is fine. You probably know it better than us. You seem to be well prepared for the interview.

Good luck.
 
Hey Man,

Whats up. 1 year ago I was exactly in the same situation as you are. Check my previous posts you will find a similar thread that I started a year ago.

I had to go back to Australia to finish my undergraduate degree and I stayed in Australia for 11 months. I did a lot of research on this and found that if you stay out of states for more than 6 months your continuity is broken. So I just waited one more year to apply for my citizenship. However, I am not sure bout this studying and parents taxes theory. Maybe it works. I would just suggest you to talk to a really good lawyer and then proceed accordingly.

During my citizenship interview IO actually made sure that I had completed 5 years AFTER returning from my 11 month trip to Australia.

On the side note: What is the hurry anyway? Waiting for a year is not that bad, you have the GC and you are going to be a citizen eventually.
 
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I think the OP has a pretty strong case for not having broken continuous residence. Take evidence of the dependency on your parents (who remained in the US), along with evidence of the overseas study and you should be fine.
 
You should be fine. Over 1 year is break in continuous residency, between 6 months and 1 year determination is at the discretion of USCIS. Your facts are good. You were finishing up your education abroad, didn't work abroad and were supported by your parents who remained in the US. Bring the evidence supporting this. If you used your parents' address while abroad, maybe bring bills sent there in your name (credit cards, bank statements, etc.). Good luck.
 
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Thanks guys. Alteast after reading your positive replies..I got hope. I will update you after my interview .
 
InterView Done - Decision can not be made yet

Guys,

I had my interview early in the morning today. IO went over whole application with me. About my trips she asked why did I stay outside for that long 10.5 months. I told her that I was finishing up my last semester studies but I was financally depends upon my parents at that time( I can show you tax returns) She asked if I have reentry permit. I said I got permssion (re-entry permit) for trip. But she asked me If I have today. But I don't have today with me. I told her I can bring if like. Then she took my read, write and civics test and that I passed. She signed the application from me and also I signed over the photographs. But at the end she said she will have to verify about my india trip in her system and I will be receiving a decision letter in mail within two or three weeks. She gave N652 with Decision can not made yet checkBox checked in and US history test passed box checked in.

Guys please advise me what to do next? Can I make appointemnt with local immigration office and handover copy of rentry permit ..will they take my permit? How she will check within her system..do they have record that I got permission permit for india trip? Should I just wait for their response? Are there any chances of postive hope. While she was going over application with me..she made a comment "finshing studies in Inda" in N400 trip column. I asked her how long it will take for me to receive notice? She told me today afternoon she gonna verify and I will be receiving a written notice.
 
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Don't worry You are fine man, you are almost done. But why you need reentry permit? Since you came back within 1 year? I cant understand that? You are going to get oath letter soon.
 
Thanks Diamonds!! for your response. Yes I have no idea why did she asked for rentry permit even though stay was less than year. She saw 304 total days in the column and got picky about that. I have question who will be making a decision? IO officer at our local office or she has to get decision approval from USCIS head office. Usually how long it takes to get decision letter. Our local office is not that crowded always since we have less population as compared to big cities.
 
blueCr12 said:
Guys,

I had my interview early in the morning today. IO went over whole application with me. About my trips she asked why did I stay outside for that long 10.5 months. I told her that I was finishhing my last semester studying but I was financally depends upon my parents at that time( I can show you tax returns) She asked if I have reentry permit. I said I got permssion (re-entry permit) for trip. But she asked me If I have today. But I don't have today with me. I told her I can bring if like. Then she took my read, write and civics test and that I passed. She signed the application from me and also I signed over the photographs. But at the end she said she will have to verify about my india trip in her system and I will be receiving a decision letter in mail within two months. She gave N652 with Decision can not made yet checkBox checked in and US history test passed box checked in.

Guys please advise me what to do next? Can I make appointemnt with local immigration office and handover copy of rentry permit ..will they take my permit? How she will check within her system..do they have record that I got permission permit for india trip? Should I just wait for their response? Are there any chances of postive hope. While she was going over application with me..she made a comment "finshing studies in Inda" in N400 trip column. I asked her how long it will take for me to receive notice? She told me today afternoon she gonna verify and I will be receiving a written notice.
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Where is your DO? I have the similar situation in which I studied abroad before Apr 2005 for pre-univ education. Trips were more than 6 months but less than a year.

I have been here since then with about 3 months outside the states (Dec 2007 to Jan 2008 -28 days and June to August 2008 79 days a total of 107 days for community services)

I had my interview on the 21st August. My IO, after the interview, congratulated me for passing the interview and checked Congratulations! Your application has been recommended for approval! At this time it appears that you have established your eligibility for naturalization. If final approval is granted, you will be notified when and where to report for the Oath Ceremony.

However, I did not receive the oath letter on the spot and she told me about sending me something in the mail. Then my lawyer told me there was some issue with my residency.

That's when I got confused...... :( so I have to wait for their decision in the mail.... probably a denial.... or whatever...
 
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blueCr12 said:
Hi DocyBear,

I am in Fresno California. Looks like you some similar situation but for my case she checked "Decision can not be made". But I hope u will get your OL soon since it is already approved.
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Thanks for the kind words, but the prob is I am not sure if it is approved.... because at the end my lawyer said there was a question raised about my residency... I was like huh??? Why didn't the IO ask me anything specifically during the interview but wanted to compile the dates later on??? And why in the world did she check the congratulation option???? She kept a copy of my passport.... I did not feel good walking out of that building really....

That lawyer is not my original one, the one on my case was on holiday and the one who accompanied me to the interview got briefed on my case the day before and I really don't think he did a good job explaining... but he is one of the best immigration lawyer in Philly though.... I just don't know why!!!! :eek:

I am praying for a speedy letter in your mail box soon, a GOOD letter!!!!!!
 
Diamonds said:
Don't worry You are fine man, you are almost done. But why you need reentry permit? Since you came back within 1 year? I cant understand that? You are going to get oath letter soon.
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The answer is pretty simple: A reentry permit shows preconceived intent for making a temporary trip abroad.

As you are undoubtedly aware, you can stay outside the US up to 1yr without risking your LPR status, but Natz continuous residency is presumed to have been broken after only a 6 month absence. The reentry permit doesn't itself preserve natz residence, but it can help establish intent, which may in turn be sufficient to overcome the presumption of a break in residence.
 
hey boatbod and other experienced forum gurus, I would appreciate if you guys could kindly offer me your opinions on my situation. I have not been able to sleep well because there are so much things on mind related to the mixture of my interview result and what my lawyer said.... :(

Was there any incident in which the applicant had the A) congratulation! checked and initially approved but denied later??

Would appreciate your valuable input... my brain needs a break from this >.<""

THANK YOU!!
 
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I have the same question.

How reliable is the result indicated on form 652 after the interview? I have 2 boxes ticked: passed the tests and congratulations.

I have been reading other posts and seems they have 120 days to grant, continue or deny the application after the interview. I don't really see a denial option on the form and the congratulation clause is conditional and it does not sound like an approval to me. It just appears to me the form 652 itself is insufficient and kind of useless indicating the outcome of my natz application.

thanks for reading.
 
The interview results on N-652 are either :

a)your application has been recommended for approval

b) a decision cannot be made at this time


Either answer is conditional pending final review by USCIS and should not be viewed as what the final decision on your case will be.
 
Bobsmyth said:
The interview results on N-652 are either :

a)your application has been recommended for approval

b) a decision cannot be made at this time


Either answer is conditional pending final review by USCIS and should not be viewed as what the final decision on your case will be.
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Well then I am screwed, the IO did not prompt a lot of questions from me regarding my residency only said she will do the calculation after the interview and my representative did not explain a lot too so I am doomed....

denial letter on the way yea!! cheers:mad:

Jackolantern said:
If you commit a crime after the interview, or they find out about a crime that you didn't disclose, or you take an overseas trip of several months after the interview, they can deny your naturalization even if you got "congratulations" at the end of the interview. Supervisor review can also turn a "congratulations" into "denied".
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I am not concerned with those issues with crime or trips because I will be in school and I have committed no wrong thus far and unlikely in the near future haha

But I am CONCERNED abt converting the congrats to DENIED
 
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If you commit a crime after the interview, or they find out about a crime that you didn't disclose, or you take an overseas trip of several months after the interview, they can deny your naturalization even if you got "congratulations" at the end of the interview. Supervisor review can also turn a "congratulations" into "denied".
 
Jackolantern said:
If you commit a crime after the interview, or they find out about a crime that you didn't disclose, or you take an overseas trip of several months after the interview, they can deny your naturalization even if you got "congratulations" at the end of the interview. Supervisor review can also turn a "congratulations" into "denied".
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the conditions you have mentioned seem to be quite extreme. How about the norm, in the absence of those events directly jeopardizes your eligibility, only in regards to what happened during the interview and received the congrats on n652 afterwards?

From what I have read option B) A decision cannot be made were usually ticked for complicated issues.
 
tll_iscream85 said:
the conditions you have mentioned seem to be quite extreme.
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Yes, it would have to be extreme for a recommendation for approval to turn into a denial.

How about the norm, in the absence of those events directly jeopardizes your eligibility, only in regards to what happened during the interview and received the congrats on n652 afterwards?

From what I have read option B) A decision cannot be made were usually ticked for complicated issues.
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That's if the complex issue is something that was known at the time of the interview, not something that arose after the interview.
 
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