Establish Residency Problem

I

iloveaustin

Registered Users (C)
My interview being hold due to the eligibility problem. The IO said the five years count start at when you hold the green card and lived in US for 90 days. I left the US for two month after I got my GC. Than I come back after that and never left the country. The officer said than the 5 years is counting the time I returned. He said this is law not a policy. I don't see it on the manual. A lot of my friend have the same issue, but they passed anyway in other center. :(
 
iloveaustin said:
My interview being hold due to the eligibility problem. The IO said the five years count start at when you hold the green card and lived in US for 90 days. I left the US for two month after I got my GC. Than I come back after that and never left the country. The officer said than the 5 years is counting the time I returned. He said this is law not a policy. I don't see it on the manual. A lot of my friend have the same issue, but they passed anyway in other center. :(
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How many month did you spent outside US on your first trip
 
iloveaustin said:
The officer said than the 5 years is counting the time I returned. He said this is law not a policy.
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My understanding is that the 5-years is from the "LPR since" date on the GC. Make an Infopass and go talk to someone else about it. If you get the same IO, ask to speak to their Supervisor.

It sounds like you may be confusing two issues. The qualifying 5 years before applying and the 5-year continuous residency.
 
Can you provide your GC approval date and travel dates.
If you got GC on Sep 1 and left the country on Sep 2 to come back on Nov 1st, I don't see a problem.

lots of folks go their GC when they were out of country and came back to get stamped.
 
iloveaustin said:
My interview being hold due to the eligibility problem. The IO said the five years count start at when you hold the green card and lived in US for 90 days. I left the US for two month after I got my GC. Than I come back after that and never left the country. The officer said than the 5 years is counting the time I returned. He said this is law not a policy. I don't see it on the manual. A lot of my friend have the same issue, but they passed anyway in other center. :(
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Austin lover,

When you go for the info pass, take Beano with you because the officer who told you this crap needs one..:eek: I would add a ducolax II as well, because unless he's relieve of the bull, then he will continue to mislead innocent people who rely on the correct information from USCIS...:rolleyes:
 
I don't know guys....
I was freak out on the way home. Get up 5AM in the morning and drive all the way down for a five minutes. Like I said, I might really have bad luck. A lot of my friend even come back US a year after they got the GC. They still passed.
The IO state that this is "law" not a policy. You guys think I should make a infopass and go down there again? I'll try to call that customer service number this afternoon.
 
iloveaustin said:
I don't know guys....
I was freak out on the way home. Get up 5AM in the morning and drive all the way down for a five minutes. Like I said, I might really have bad luck. A lot of my friend even come back US a year after they got the GC. They still passed.
The IO state that this is "law" not a policy. You guys think I should make a infopass and go down there again? I'll try to call that customer service number this afternoon.
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Yes, info pass baby and bring alone the prescribed medicine in my earlier post. Don't be timid during your appt, demand to see this law and request a supervisor...
 
The date on GC is 9/15.
I left the US on 9/20.
I came back US on 11/25 and never been out of state since that date.

I just called customer service number and the person is not a IO, but he said I should go make a InfoPass talk about the case. He clearly mention there is no law require when I travel after I got the GC. As long I stay inside US for 3 years and I can submit the application 90 days before 09/15/09. He did tell me hold for a moment and go ask a IO. Anyway, I book a infopass already. One other thing he said is the other requirement is I have to stay the same address on the N400 for 90 days before apply. That is......
 
By the way guys. Can anyone explain this description here in the"A guide to naturalization"

On page 19.
I am falling as the first raw. On the "time in USCIS District or State" tab. What does it mean for three months? I am wondering this is the stuff that IO told me today.

On Page 24.
It explain again on this issue.

The CSR I just called told me the three months is how long you stay in the address on the N400. Which I already over 90 days of course.

Guys, I need more helps here. If I meet the same IO again, I don't have anything to argue with him. He clearly told me this is not a "Policy"; it's "law.
I just want to find more paper supporting document with me on the infopass.
Please help...:(:(:(:(:(:(
 
Hi,

It is indeed a strange situation. Did you stamp your passport before you left the country on 09/20? I assume that it is not very likely that you got your physical green card five days after the approval of your petition. In this case, you had to stamp your passport.
 
There have been a couple other cases like this on the forum. What they're saying is that the act of staying in the US for a trivial amount of time after the initial GC approval, and then leaving again for several weeks or months is not enough to establish US residence. So they start counting your 5 years of continuous residence from when you first start to actually live like a US resident, i.e. when you returned after that 2-month trip. However, I don't know of any hard "90-day" rule like what this interviewer mentioned.
 
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iloveaustin said:
The date on GC is 9/15.
I left the US on 9/20.
I came back US on 11/25 and never been out of state since that date.

I just called customer service number and the person is not a IO, but he said I should go make a InfoPass talk about the case. He clearly mention there is no law require when I travel after I got the GC. As long I stay inside US for 3 years and I can submit the application 90 days before 09/15/09. He did tell me hold for a moment and go ask a IO. Anyway, I book a infopass already. One other thing he said is the other requirement is I have to stay the same address on the N400 for 90 days before apply. That is......
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Hi,

Your signature says that you sent N-400 on 06/05/2009. It seems that it is more than 90 days before 09/15 (the date your LPR status started).
 
Jackolantern said:
What exactly did the IO tell you? Are they going to interview you again when you have completed 5 years since the end of that initial trip (on or after 11/25/09)?
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They said I have to send a mail to them and ask re-open the case after 11/25/09. Than they will re-schedule everything.
 
fine&jadwin said:
Hi,

Your signature says that you sent N-400 on 06/05/2009. It seems that it is more than 90 days before 09/15 (the date your LPR status started).
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Yes, it is. All his argument is the five years start counting the time you stay in US for 90days after yo get the GC.
Which many people said the 90days requirement is lived in same district 90days before applying N400. Which I did.
 
There is another 90 day rule ... you can file the N-400 no earlier than 90 days before your 5-year GC anniversary. You applied before that cutoff, so I wonder why he didn't just deny you outright for that reason, instead of talking about your trip at the beginning of the 5 years and postponing the interview. The next interviewer or their supervisor probably will notice that you applied too early and your case will be denied.
 
If the IO found grounds that you broke your residency in those 2 months then yes they can re-set your clock. If you were say renting a place and working in the other country for 2 months, that then can show the IO you are not maintaning US residency (even with owning or paying bills back here).

It is all about what you are doing over in the foreign country that makes the decision, and not the time spent over there (unless after the 6 months, then it becomes a lot more in the favor of the IO to re-set the clock).

If he found resaonable evidence you werer not just mearly visiting on vacation or visiting relatives etc, but engaged in employment etc, then that would be all they need to prove you did in fact break the residency cycle.

I don't know about your details on your 2 months away from the US to make any assumptions. I'm just saying this is one way that an IO can re-set the clock after only a couple of months.

There have been several cases like this, so it's not all that uncommon. Under 6 months the IO has to prove you broke residency, after 6 months away its you that has to prove it. If he has the proof, then he can do that...
 
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