kathmandu007
New Member
• I received Green Card via DV Lottery program in 2002 while I was full time student in UK.
• I come to USA in Dec 2002, I received green-card, SSN and Drivers license by March 2003
• I had to go back to UK for one and half year
• I Called USCIS
• They asked me to apply for Re-Entry permit
• I applied for Re-entry permit March 2003 and left to UK in April 2003
• I came back to USA in March 2004 (11 months) for two weeks so that I am no out of USA for More than a year.
• I Left USA at end of March 2004 and come back to USA in October 2004.
• I maintained my room with my computers and cloths in and bank account in the USA for all those periods.
• Since October 2004 I have continuously been living in USA. I have filed tax from 2004 onwards.
• Never been out of the USA for more than a six month at one time.
• I failed to register for selective service, I never know about that law. When I came to USA for first time I was 24 years old, and when I resume living in USA continuously in October 2004, I was above 26 of age. I come to know about this law in 2007 when it was too late for me to register.
• I applied for citizenship at end of 2007 based in 5 years residency.
o I have been in USA for at least 30 months in last five years
o I was out of USA for more than SIX months twice but I had Re-entry permit
o Didn’t sign selective service because I didn’t know about that law.
• I went for the interview in 2008, almost one year later from date of application N-400
• Interview was very stressful; the officers even don’t let you to explain. Just wanted yes or no answer.
• She went through my application asked me about selective service, I explained and she was ok. However she never asked me to get a Status letter from Selective Services.
• At the end of interview she said there is problem in my application about continuous residency requirement.
• I said I was full time student and have re-entry permit, she replied “She don’t care”, and they have to decide.
• Almost 5 months after I received letter I was denied saying that I did not meet 5 years continuous residency requirement and asked me to re-apply when I become eligible.
• I talked to a lawyer he said I have valid case , so I appeal the government, at the interview date, I supplied proof of being full time student, Re-entry permit, proof being maintaining bank account and the room in USA.
• USCIS denied my appeal, saying that there is serious doubt about the eligibility, but didn’t say or explain the ineligibility.
My question is
If you apply for re-entry permit for valid reason and are approved, do the days of absence count towards 5 years of residency requirement? Remember I am not out for more than I year.
How can you ask USCIS to explain what exactly I did not meet
Total time spend almost 2 years, big $$$$ spent, over all stress in life
Thank you everyone for responding,
When the petition was denied, the lawyer said, we need to go to court where the judge might favor your case, and I will cost me few thousand dollars. “Can u believe that?” when i said no he kept on calling me saying that this is very serious matter.
I learned, be very careful with the lawyer, make sure you have everything in writing, research everything first, they will put you in the trap and rip you off.
• I come to USA in Dec 2002, I received green-card, SSN and Drivers license by March 2003
• I had to go back to UK for one and half year
• I Called USCIS
• They asked me to apply for Re-Entry permit
• I applied for Re-entry permit March 2003 and left to UK in April 2003
• I came back to USA in March 2004 (11 months) for two weeks so that I am no out of USA for More than a year.
• I Left USA at end of March 2004 and come back to USA in October 2004.
• I maintained my room with my computers and cloths in and bank account in the USA for all those periods.
• Since October 2004 I have continuously been living in USA. I have filed tax from 2004 onwards.
• Never been out of the USA for more than a six month at one time.
• I failed to register for selective service, I never know about that law. When I came to USA for first time I was 24 years old, and when I resume living in USA continuously in October 2004, I was above 26 of age. I come to know about this law in 2007 when it was too late for me to register.
• I applied for citizenship at end of 2007 based in 5 years residency.
o I have been in USA for at least 30 months in last five years
o I was out of USA for more than SIX months twice but I had Re-entry permit
o Didn’t sign selective service because I didn’t know about that law.
• I went for the interview in 2008, almost one year later from date of application N-400
• Interview was very stressful; the officers even don’t let you to explain. Just wanted yes or no answer.
• She went through my application asked me about selective service, I explained and she was ok. However she never asked me to get a Status letter from Selective Services.
• At the end of interview she said there is problem in my application about continuous residency requirement.
• I said I was full time student and have re-entry permit, she replied “She don’t care”, and they have to decide.
• Almost 5 months after I received letter I was denied saying that I did not meet 5 years continuous residency requirement and asked me to re-apply when I become eligible.
• I talked to a lawyer he said I have valid case , so I appeal the government, at the interview date, I supplied proof of being full time student, Re-entry permit, proof being maintaining bank account and the room in USA.
• USCIS denied my appeal, saying that there is serious doubt about the eligibility, but didn’t say or explain the ineligibility.
My question is
If you apply for re-entry permit for valid reason and are approved, do the days of absence count towards 5 years of residency requirement? Remember I am not out for more than I year.
How can you ask USCIS to explain what exactly I did not meet
Total time spend almost 2 years, big $$$$ spent, over all stress in life
Thank you everyone for responding,
When the petition was denied, the lawyer said, we need to go to court where the judge might favor your case, and I will cost me few thousand dollars. “Can u believe that?” when i said no he kept on calling me saying that this is very serious matter.
I learned, be very careful with the lawyer, make sure you have everything in writing, research everything first, they will put you in the trap and rip you off.
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