Hi givepeoplehope Need your urgent guidance and help

N

nri107

Registered Users (C)
givepeoplehope said:
I am here to give people hope in their cases...Look at it this way...get your continuous residency in order and we can always reapply using the four year and one rule...Good luck to you
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Hi givepeoplehope

Need your urgent guidance and help.

My citizenship application was denied based on my interview on April 5; although the denial came later after two week sby mail. Grounds of denial - there were two long absences of more than 6 months in 2006 and 2007 during last five years. During interview, I produced all acceptable documents - last 5 years tax return copies, support letters from my NY son with whom we have been staying (do not have personal own residence) and documents relating to time consuming sale of my large block of stocks in one company which took 3-years since it involved various governmental approvals by the buyer before completing the transaction wanted to have in hand before completion. Process started in 2004 and completed only in 2007 which required the buyer making a public offer as per Indian government rules. I also submitted bank statements. Denial letter said I have not been able to satisfy their requirements of maintaining close ties with US - they wanted immediate family member in US (which is my wife who also was travelling with me). During the interview, the IO appeared fully convinced and satisfied in my view but letter given said "decision will be communicated later". According to him, this required review by his seniors before any decision is taken.

Instead of appealing, I decided to wait for some more time. I am in the process of moving permanently to VA in the middle of August.

Can u please guide, based on your personal experience, when should I reapply. Whether it would be worth hiring some attorney if that helps. I consulted two three attorneys - nobody could assure or guarantee the favourable outcome.

Thanks for your urgent help and guidance and look forward hearing from you asap

nri107
nri107@gmail.com
 
Well, one long absence of 6+ months away from US will easily get a denial for N400. In your case, you had two, so no wonder yours got denied.

You are saying you will move to US - ironic? - by September this year? Start your five year clock from September and apply thereafter!

Keep this in mind, if you do it again (long absence), your next N400 application may also get denied because USCIS may not be conviced with your "residency behavior".

Good luck
howdy_howdy
//
 
nri107 said:
My citizenship application was denied based on my interview on April 5; although the denial came later after two week sby mail. Grounds of denial - there were two long absences of more than 6 months in 2006 and 2007 during last five years.
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Did your wife also have the same long absences as her application was approved?.
 
nri107 said:
Hi givepeoplehope

Need your urgent guidance and help.

My citizenship application was denied based on my interview on April 5; although the denial came later after two week sby mail. Grounds of denial - there were two long absences of more than 6 months in 2006 and 2007 during last five years. During interview, I produced all acceptable documents - last 5 years tax return copies, support letters from my NY son with whom we have been staying (do not have personal own residence) and documents relating to time consuming sale of my large block of stocks in one company which took 3-years since it involved various governmental approvals by the buyer before completing the transaction wanted to have in hand before completion. Process started in 2004 and completed only in 2007 which required the buyer making a public offer as per Indian government rules. I also submitted bank statements. Denial letter said I have not been able to satisfy their requirements of maintaining close ties with US - they wanted immediate family member in US (which is my wife who also was travelling with me). During the interview, the IO appeared fully convinced and satisfied in my view but letter given said "decision will be communicated later". According to him, this required review by his seniors before any decision is taken.

Instead of appealing, I decided to wait for some more time. I am in the process of moving permanently to VA in the middle of August.

Can u please guide, based on your personal experience, when should I reapply. Whether it would be worth hiring some attorney if that helps. I consulted two three attorneys - nobody could assure or guarantee the favourable outcome.

Thanks for your urgent help and guidance and look forward hearing from you asap

nri107
nri107@gmail.com
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Well although my goal in this forum is to give people hope despite their situation, my hands are thigh in this one...Like other people said, once you move back to US permanently, you should set a new 5 years clock..you said your interview was in April, therefore, you have been out of US for four months when you return..I would reapply in 90 before the month of your last entry in 2007..Assuming there were no more trip more than 6 months back to back since then...your last trip will be 5 months long..I will reapply in 2012...
Time flys..by the time you realise, it will be here..take good care and keep your head up
 
Bobsmyth said:
Did your wife also have the same long absences as her application was approved?.
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Hi Bobsmyth

Thanks for your quick response. My wife had long absence of +6 months in one year of 2006 which, by the grant of approval same day with congratulations, and with subsequent letter for Oath, I believe this long absence has been condoned. She was interviewed on the same day of April 5 as me, she was asked to re-appear for English test and re-interview which was fixed for June 14. Second interview date, there was a different guy and he asked for 5-year tax returns which were given. Second interview date of June 14, she was approved with congratulations letter and oath letter came later by mail.

Does this matter at Oath ceremony - do they again go into past application and details at Oath?

Thanks for your help and look forward to your guidance as requested in my earlier post.

nri107
 
vandeluca said:
Were your absences > 6 months in one shot or > 6 months in multiple trips?
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I had trips every year but in 2006 and 2007, both these two absences were for greater than 6 months and on that basis they denied and they specifically wrote in denial letter that I was not able to satisfy the requirement of close ties with US as per their requirement and was not found eligible.

Any useful tips whether I should apply in early 2011. Except this long absence ground, I fulfil the requirement of 30 months physical presence. During the interview somehow I had a feeling that the IO was satisfied with all the documents and explanations provided and I did ask if he still needs something more; he said he is fine with whatever has been produced and it has to be specifically approved by his superiors; I was given a letter that decision will be mailed later. Second denial letter was dated Apriol 12 (Interview on April 5).

Look forward to your useful tips and guidance

nri107
 
givepeoplehope said:
Well although my goal in this forum is to give people hope despite their situation, my hands are thigh in this one...Like other people said, once you move back to US permanently, you should set a new 5 years clock..you said your interview was in April, therefore, you have been out of US for four months when you return..I would reapply in 90 before the month of your last entry in 2007..Assuming there were no more trip more than 6 months back to back since then...your last trip will be 5 months long..I will reapply in 2012...
Time flys..by the time you realise, it will be here..take good care and keep your head up
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Hi givepeoplehope

Thanks for the quick response. I think you mistook. I am a permanent resident currently of NY and want to move permanently to VA.

Because of my two long absences in 2006 and 2007, I was talking to replying based on 2006 and 2007 and I should take both into account. If I can take 4 year route, then ignoring 2006 one year, I can apply in late 2010 and if I take 2007 absence also, then with four years rule, I should apply late 2011. On this I need your personal guidance.

Thanks once again for your help and look forward hearing from you asap

Nri107
 
nri107 said:
Hi givepeoplehope

Thanks for the quick response. I think you mistook. I am a permanent resident currently of NY and want to move permanently to VA.

Because of my two long absences in 2006 and 2007, I was talking to replying based on 2006 and 2007 and I should take both into account. If I can take 4 year route, then ignoring 2006 one year, I can apply in late 2010 and if I take 2007 absence also, then with four years rule, I should apply late 2011. On this I need your personal guidance.

Thanks once again for your help and look forward hearing from you asap

Nri107
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If your 2007 trip was also more than 6 months, you should apply in 2011 after completing 4 year and 1 day since your return date in 2007. 90 days advanced application is not available for 4 yr 1 day cases. Hope you had no absence exceeding 6 months since 2007. You have to complete 3 months after shifting to VA and best proof is DL/ new state ID. I do not think you need an attorney for your next filing.
 
madh4 said:
If your 2007 trip was also more than 6 months, you should apply in 2011 after completing 4 year and 1 day since your return date in 2007. 90 days advanced application is not available for 4 yr 1 day cases. Hope you had no absence exceeding 6 months since 2007. You have to complete 3 months after shifting to VA and best proof is DL/ new state ID. I do not think you need an attorney for your next filing.
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I agree with madh4...I will dismiss also the gap in 2007..just to be on the safe side...You have a good chance to get approve in 2011...four year and one day rule after your return in 2007...
It will be here in no time...save your money no need for attorney
 
If you were working abroad and your wife was not working, that is a likely reason why she was approved and you were denied.
 
madh4 said:
If your 2007 trip was also more than 6 months, you should apply in 2011 after completing 4 year and 1 day since your return date in 2007. 90 days advanced application is not available for 4 yr 1 day cases. Hope you had no absence exceeding 6 months since 2007. You have to complete 3 months after shifting to VA and best proof is DL/ new state ID. I do not think you need an attorney for your next filing.
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The 4year+1day rule only applies if the absence was one year or longer. If the 2007 absence was less than a year, then the OP has to wait 5 years minus 90 days since the end of that 2007 trip.
 
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