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I-131
- Thread starter proteus
- Start date
Applying for natrulization
I migrated to US in June 2006. Subsequently I had to go back to India in March 2007 till July 11, 2007. Through July 11, 2007 till 30th August 2008 I was in the US when on 1st September, 2008 I had to go back to India to bring my ailing mother back to US. My mother is a US Citizen.
I returned back in May 2009, after 9 months. I applied/got approved an I-131 (travel document) in presumption that my return might be delayed, but I returned after 9 months. At the airport I tried to show the I-131 to the immigration officer but she was sort of NOT INTERESTED in even looking at it. Now I am in the US since May 2009 and desirous to apply for naturalization. Should I apply? or should I wait to complete 5 years which includes one year and one month more physical presence in US which I remained in India. Response is highly appreciated.
I migrated to US in June 2006. Subsequently I had to go back to India in March 2007 till July 11, 2007. Through July 11, 2007 till 30th August 2008 I was in the US when on 1st September, 2008 I had to go back to India to bring my ailing mother back to US. My mother is a US Citizen.
I returned back in May 2009, after 9 months. I applied/got approved an I-131 (travel document) in presumption that my return might be delayed, but I returned after 9 months. At the airport I tried to show the I-131 to the immigration officer but she was sort of NOT INTERESTED in even looking at it. Now I am in the US since May 2009 and desirous to apply for naturalization. Should I apply? or should I wait to complete 5 years which includes one year and one month more physical presence in US which I remained in India. Response is highly appreciated.
Jackolantern
Registered Users (C)
Why did you start two threads for the same thing? I'm linking back to your original thread: http://forums.immigration.com/showthread.php?320695-I-131
It depends on what US residential ties you had at the time you were out of the country for 9 months.I was issued an I-131 in 2008, I got this I-131 on the presumption that it might take me longer to stay at my home country. But I was able to return back to US in 9 months. can I apply for naturalization?
I migrated to US in June 2006. Subsequently I had to go back to India in March 2007 till July 11, 2007. Through July 11, 2007 till 30th August 2008 I was in the US when on 1st September, 2008 I had to go back to India to bring my ailing mother back to US. My mother is a US Citizen.
I returned back in May 2009, after 9 months. I applied/got approved an I-131 (travel document) in presumption that my return might be delayed, but I returned after 9 months. At the airport I tried to show the I-131 to the immigration officer but she was sort of NOT INTERESTED in even looking at it. Now I am in the US since May 2009 and desirous to apply for naturalization. Should I apply? or should I wait to complete 5 years which includes one year and one month more physical presence in US which I remained in India. Response is highly appreciated.
When you say that you "migrated to U.S. in June 2006", do you mean that you became a U.S. permanent resident in June 2006?
Regarding your trip to India from Sept 2008 to May 2009: a trip between 6 and 12 months in duration is presumed to break the continuous residency. This presumption can be overcome if you manage to prove to the IO conducting the interview that during the trip you maintained close ties to the U.S. and that the trip was strictly temporary in nature. Whether you'll be able to do that depends a great deal on the particulars of your circumstances and on the discretion of the IO; it is also to some extent the matter of luck. (By the way, the fact that you had I-131 is almost entirely irrelevant to your naturalization eligibility). E.g. did you maintain a house or an apartment in the U.S. while you were away? Did you have a job in the U.S. from which you took a leave of absence for the trip to India? Did you resume the same job when you came back? Did you take a job while you were in India? Did you have any other substantial U.S. sources of income while you were away in India (e.g. owning a business)? And so on.
If you feel that you have a good case that you maintained close ties to the U.S. during that trip, you could file N-400 after 90 days prior to the 5-th year anniversary of your GC, which presumably means somewhere in March 2011.