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Continues Residency- when i can apply N-400
- Thread starter maa9009
- Start date
Superstring
Registered Users (C)
I would agree with the previous posting, i.e. if I were you I would wait until 6/07 to apply AND would not take any long trips (>1mos) until naturalized.
One "small" correction....
Bad news: Regardless of when do you apply, you will have to delcare under oath ALL your trips of 24hrs or more since becoming a Lawful Permanent Resident (not just last five years). So, your big gap will show up in your application no matter what.
Good news: However, since USCIS is looking only at 5yrs statutory period for continuos residency, you will be safe if you apply any time after 6/07 in terms of this issue.
BUT, please be careful....You might be asked questions about your long absence not for purposes of continuous residency, but for purposes of abandoning your permanent residency. It is somewhat weaker for USCIS to claim the abandonment since you had your stamp of being re-admitted in US after those 8 months (my assumption). [FYI: Your IO officer has all right to challenge all previous IO decisions including decisions of IO officers at POE to re-admit you. Therefore, nothing in your past is safe or hiden --- it is completely fair game.]
Therefore, IO might not decide to question that.....but it might if particularly there is something in your case that would point to weak links to US. So, if I were you I would be ready with all possible back-up documents and proofs that you did not abandon your residency during those 8 crticial months. I would not show any documents during the interview (until asked or specifically challenged about it), but would be 100% ready for this question should it come to surface.
You do not need a lawyer for this, if you know what you doing. Most probably, everything will go smoothly. However, if you are kind of person who has no sense of law, tends to panic or overreact or talk unclear, does not know well immigration procedures and common legal matters, you might put yourself under lot of risk.
Do not forget - even if it turns that your absence might not be material for your application (sounds most probably), concealing or lying under the oath about that absence will cause (1) perjury (felony) (2) immediate citizenship denial with possible permanent ban.
Good luck!
P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.
One "small" correction....
Bad news: Regardless of when do you apply, you will have to delcare under oath ALL your trips of 24hrs or more since becoming a Lawful Permanent Resident (not just last five years). So, your big gap will show up in your application no matter what.
Good news: However, since USCIS is looking only at 5yrs statutory period for continuos residency, you will be safe if you apply any time after 6/07 in terms of this issue.
BUT, please be careful....You might be asked questions about your long absence not for purposes of continuous residency, but for purposes of abandoning your permanent residency. It is somewhat weaker for USCIS to claim the abandonment since you had your stamp of being re-admitted in US after those 8 months (my assumption). [FYI: Your IO officer has all right to challenge all previous IO decisions including decisions of IO officers at POE to re-admit you. Therefore, nothing in your past is safe or hiden --- it is completely fair game.]
Therefore, IO might not decide to question that.....but it might if particularly there is something in your case that would point to weak links to US. So, if I were you I would be ready with all possible back-up documents and proofs that you did not abandon your residency during those 8 crticial months. I would not show any documents during the interview (until asked or specifically challenged about it), but would be 100% ready for this question should it come to surface.
You do not need a lawyer for this, if you know what you doing. Most probably, everything will go smoothly. However, if you are kind of person who has no sense of law, tends to panic or overreact or talk unclear, does not know well immigration procedures and common legal matters, you might put yourself under lot of risk.
Do not forget - even if it turns that your absence might not be material for your application (sounds most probably), concealing or lying under the oath about that absence will cause (1) perjury (felony) (2) immediate citizenship denial with possible permanent ban.
Good luck!
P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.
Last edited by a moderator:
Thanks a lot for your reply.
one more thing i forgot to mention during that 8 month period my husband was here and my name was is taxes and house lease. and my hubby just got naturlized in jan 2007.
Can i prove my continues residency based on taxes and house lease.
trip was for family events only
Thanks
one more thing i forgot to mention during that 8 month period my husband was here and my name was is taxes and house lease. and my hubby just got naturlized in jan 2007.
Can i prove my continues residency based on taxes and house lease.
trip was for family events only
Thanks
You can certainly try to do that, and you may well be successful. If it doesn't work, you will be $400 out of pocket for want of a couple extra months wait.
Don't forget, you also get to apply 90 days earlier than 6/30/2007 by virtue of the continuous residence rules. Since thats only 2 months away, I think I'd be inclined to wait...
Don't forget, you also get to apply 90 days earlier than 6/30/2007 by virtue of the continuous residence rules. Since thats only 2 months away, I think I'd be inclined to wait...
Superstring
Registered Users (C)
Thanks a lot for your reply.
one more thing i forgot to mention during that 8 month period my husband was here and my name was is taxes and house lease. and my hubby just got naturlized in jan 2007.
Can i prove my continues residency based on taxes and house lease.
trip was for family events only
Thanks
Sure, glad we can help a little bit. Other folks helped me here and I'm glad to return the favor.
I agree with Boatboad 100%.
Taxes and house lease are good documents to help prove continuous residency, but are not the only one. Proving continuous residence is always an uphill battle and if I were you I would avoid it if I can. Pick your battles carefully!
Unfortunatelly, your husband's citizenship will not help, since he was not at least US citzen for 3 yrs.
If you decide to "rush" (why rushing for 2-3 months?), you might get disappointed, go through stresful interview and loose $400+, and loose an application time waiting....From my perspective, lot to loose (time, $$$, stress) and very little to gain (2-3 months or less). FYI: depending on your DO and its workload and continuous improvement programs at USCIS, you might actually see applications in span of 1-2 months being processed at the same time.
Again, if I were you, I would wait until 5yrs statutory period makes your 8months absence irrelevant from the perspective of continuous residence.
Pls do not mix continuous residence with permanent residence, since you will potentially have to explain yourself and eventually prove that you did not abandon residence for those 8 months (as I explained in my previous message). Taxes and lease will help with that. Find some other documents such as - credit card statements, bank statements, mortgages, property, job letters etc.
Good luck!
P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.
Last edited by a moderator: