Do years prior to naturalization count towards the 5 year physical presence ?

J

jmizzi

Registered Users (C)
When applying for expiditious naturalization for children using form N-600K the grandparent can satisfy the the 5 year physical presence requirement if th US citizen parent cannot. My question is do the years prior to the naturalization of the grandparent count towards the 5 year physical presence requirement? I have searched this subject thoroughly and have not found a clear answer.

Thanks in advance.

Regards
 
Thanks for your reply!

Can you please direct me to where I can verify your reply? I want to submit it with the N600K.

Thanks again
 
It is actually in the application form instructions - section K. As you can see, the instruction does not say time spent in the USA as a citizen.
 
Hi,

I tend to agree with you all in fact this was my reasoning too..... but unfortunately the case officer had another view and interpreted it that the years of physical presence need to be after acquiring citizenship.
 
Then you need to either speak to his supervisor or hire a lawyer.

jmizzi said:
I tend to agree with you all in fact this was my reasoning too..... but unfortunately the case officer had another view and interpreted it that the years of physical presence need to be after acquiring citizenship.
Click to expand...
 
Actually you should file an appeal with the Administrative Appeals Office for the refusal of the N600 if you believe it is unjust. There are many instances where an N-600 was originally denied - mostly to sheer stupidity - only to be overturned by the AAO.

Go here for a listing of cases worked on by the AAO regarding N-600 applications during the fiscall year 2008. http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp Search the appeal cases for that that is similar to yours and see if they can provide guidance.

Now please make sure you have all your facts straight and all of the evidence proving your 5 year stay in the USA at ANY time (in legal presence/status). And make sure you file within the allotted appeal timeframe - which I believe is 33 days.
 
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I do not know if their decision is unjust or not. But I would like to know the guidelines they follow to take such a decision.

I went through all the appeal cases on the site you mentioned but unfortunately found no similar cases.

I have proof of 6 years residence before naturalization and another 2 to 3 years after naturalization.

I'll keep searching maybe ill find something .
 
jmizzi said:
I do not know if their decision is unjust or not. But I would like to know the guidelines they follow to take such a decision.

I went through all the appeal cases on the site you mentioned but unfortunately found no similar cases.

I have proof of 6 years residence before naturalization and another 2 to 3 years after naturalization.

I'll keep searching maybe ill find something .
Click to expand...

Read the INA Act 301 section (g) - the law does not specify the US citizen parent's 5 year presence in the US must be while they are a citizen.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4

Here is more of the law: http://www.uscis.gov/propub/templat...tination|chapter 71&s_type=all&hash=0-0-0-821

Again nothing is referenced to the time having to be as a US citizen. Just time spent physically in the USA.
 
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