just got interviewed-BAD NEWS???

[andrea4prez]

good day everyone,

before my interview about 2 hours ago, i posted this question:

http://boards.immigration.com/showthread.php?t=286541

ANYWAY, in the interview process... everything was ok...i wrote the english sentence, i orally said an english sentence and i miss 1 out of 10 questions (the amendments on constitution about right to vote) UNTIL she came about my trips outside U.S.A. she said she cant give me a decision right now because I need proof of physical presence in the United States during the years, 2003, 2004, 2005,2006,2007,2008...

what proof can i show? i can prove i worked in the country from 2004-2008 but then 2003, I was mainly overseas because i was still going to school. i then asked her what proof i need to submit for 2003..she said she cant think of any examples because it will be hard for me to prove that i maintained physical presence here. i then asked what can i do, she said i need to complete forn N-14 and send whatever papers i can get to show i did not abandon residence. she then said to give them 120 days to give out a decision... i need your help guys...what do you think i can do? thanks!

here's my timeline:
jul 2002- got greencard and stayed in us for a month (i was still in college that time)
april 2003- may 2003- went back again to us, and applied for re-entry permit
BUT in APRIL 2004 - stayed for good here in California and cancelled re-entry permit application
left for 1 month to go to Philippines in 2005 and 3 weeks in 2007...
but never left us since April 2004 for more than 1 month..
since APRIL 2004- worked here in California until present

 

[nyc_nyc_nyc]

give her what she asked for what else is there to do? didn't you know that in order for you go to to the interview you will need to show her that you didn't abandon your residency? you should have been prepared....

 

[Bobsmyth]

So you obtained GC in July 2002, left the US in August 2002 until April 2003 (8 month absence assumes a break in continuous residency), left the US again from May 2003 until April 2004 (11 month absence assumes break in continuous residency).
So you have 2 assumed breaks in continuous residency since you obtained your GC.
They are asking proof of physical presence and not of US residential ties?

Your travel dates are evidence of your physical presence in US, so why would IO be asking for proof of physical presence and not continuous residency (unless IO is confused?).

 

[Bobsmyth]

(f) Documenting Physical Presence . In general, the same documentation and evidentiary considerations discussed in the chapter on Continuity of Residence apply in the evaluation of physical presence. Once all the available evidence has been gathered, the determination as to whether the physical presence requirement has been met is a relatively simple matter of mathematical computation. (See Chapter 73.3(c) of this field manual on documenting continuity.)

(1) Absence of More than 6 Months But Less than 1 Year . If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.


However, section 316(b) further provides that this presumption of loss of residence can be overcome if the applicant can “establish to the satisfaction of the Attorney General that he or she did not in fact abandon residence during such period.” Acceptable evidence for this purpose may include, but is not limited to, documentation that during the absence the applicant did not terminate his or her employment in the United States nor obtain employment while abroad; the applicant's immediate family remained in the United States; and the applicant retained full access to his or her United States abode.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=a5c002001480377b3a4ee1f3d862182c

 

[andrea4prez]

i was prepared.. i had all my paperwork, establishing my continuos residency since 2004...she said she wants 2003 though

give her what she asked for what else is there to do? didn't you know that in order for you go to to the interview you will need to show her that you didn't abandon your residency? you should have been prepared....

 

[andrea4prez]

I know and that's why i got confused too... She said i can probably show that i applied for reentry permit, or the time my aunt claimed me in 2003.
This is the exact note on paper:
Proff of physical presence in the u,s, during the years 2003,2004,2005,2006,2007,2008. Include residence for those years.

so you obtained gc in july 2002, left the us in august 2002 until april 2003 (8 month absence assumes a break in continuous residency), left the us again from may 2003 until april 2004 (11 month absence assumes break in continuous residency).
So you have 2 assumed breaks in continuous residency since you obtained your gc.
They are asking proof of physical presence and not of us residential ties?

Your travel dates are evidence of your physical presence in us, so why would io be asking for proof of physical presence and not continuous residency (unless io is confused?).

 

[andrea4prez]

bOB,

What proof can i Show that i did not abandon my green card or something here?

all i can think of is that I opened a bank account 2003, my aunt claimed me for her taxes..that's it...

i can show tax returns for 2004-2007... my employment record is all here for 2004-2008...

pls help. so that does mean that she wont approve anymore? im so depressed now coz she said it will take time for them to decide.

(f) Documenting Physical Presence . In general, the same documentation and evidentiary considerations discussed in the chapter on Continuity of Residence apply in the evaluation of physical presence. Once all the available evidence has been gathered, the determination as to whether the physical presence requirement has been met is a relatively simple matter of mathematical computation. (See Chapter 73.3(c) of this field manual on documenting continuity.)

(1) Absence of More than 6 Months But Less than 1 Year . If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.


However, section 316(b) further provides that this presumption of loss of residence can be overcome if the applicant can “establish to the satisfaction of the Attorney General that he or she did not in fact abandon residence during such period.” Acceptable evidence for this purpose may include, but is not limited to, documentation that during the absence the applicant did not terminate his or her employment in the United States nor obtain employment while abroad; the applicant's immediate family remained in the United States; and the applicant retained full access to his or her United States abode.

http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=a5c002001480377b3a4ee1f3d862182c

 

[Bobsmyth]

Get as much information as you can including bank account receipts, affidavit from your aunt that she had you as a dependent (and if you lived with her as well) copies of rental agreements, drivers license record and any documentation that shows you had residential ties in the US from 2003 to 2008.

 

[nyc_nyc_nyc]

i was prepared.. i had all my paperwork, establishing my continuos residency since 2004...she said she wants 2003 though

what she means is show the contact you made to the USA while you out of the USA. like electric bills phone gas bills any bills you were still paying while out of the USA. this sounds hard.. why did you leave the country? did the IO sound not interested while interviewing you like she spoke like you wasted your time by applying???? what were her actions towards you? were they positive or negative?

 

[andrea4prez]

everything was very positive..she said she understands that i left country because i had to finish college that time..she just wants more documentation that i really choose us as my residence..i dont have any problem proving 2004-2008 because i stayed in texas then california the whole time..i have IRS tax return, employment verification..what im having a hard time proving is 2003 because as i told her, i was finishing college that time...therefore i dont have any phone bills or what nots..the IO said everything is ok but it just that i left us in 2004 for a long time..and i understood her but from 2004 until now i have not left country for more than 2 weeks and i have worked and paid taxes..i have lots of bills for 2004-2008....

what she means is show the contact you made to the USA while you out of the USA. like electric bills phone gas bills any bills you were still paying while out of the USA. this sounds hard.. why did you leave the country? did the IO sound not interested while interviewing you like she spoke like you wasted your time by applying???? what were her actions towards you? were they positive or negative?

 

[nyc_nyc_nyc]

everything was very positive..she said she understands that i left country because i had to finish college that time..she just wants more documentation that i really choose us as my residence..i dont have any problem proving 2004-2008 because i stayed in texas then california the whole time..i have IRS tax return, employment verification..what im having a hard time proving is 2003 because as i told her, i was finishing college that time...therefore i dont have any phone bills or what nots..the IO said everything is ok but it just that i left us in 2004 for a long time..and i understood her but from 2004 until now i have not left country for more than 2 weeks and i have worked and paid taxes..i have lots of bills for 2004-2008....

you didnt answer what was her decision...aprroved you from herside or even she wasnt decided on your application from her side? what did she say to you before youleft her office? this might not help but just wait it out nothing else we can do about this..i know it sucks!

 

[andrea4prez]

she said I passed everyhing..then she gave the slip of paper and said just mail me the proofs and based from that we will decide.

ALSO, i just found my application for RE-ENTRY in 2003, also papers stating i applied for california id in 2003. because the IO'S note in my paper was show proof of residence in year 2003, then she added include residence address.is that enough?

you didnt answer what was her decision...aprroved you from herside or even she wasnt decided on your application from her side? what did she say to you before youleft her office? this might not help but just wait it out nothing else we can do about this..i know it sucks!

 

[nyc_nyc_nyc]

she said I passed everyhing..then she gave the slip of paper and said just mail me the proofs and based from that we will decide.

ALSO, i just found my application for RE-ENTRY in 2003, also papers stating i applied for california id in 2003. because the IO'S note in my paper was show proof of residence in year 2003, then she added include residence address.is that enough?

why would she want to see a re-entry form..doesnt your passport show all the re-entry stamps on it? i am sure she means show proof you kept in contact with the USA in 2003. maybe she didnt word it right because thats what its all about....you have to show contact you made to the USA these 5 years.

 

[andrea4prez]

its the re-entry permit that she wants to see that i applied in 2003...she wants to see that i really intended to come back to u.s. after college..she saw the passport but she wants proof that i did not abandon my permanent residency that i still consider u.s. as my home something like that..

why would she want to see a re-entry form..doesnt your passport show all the re-entry stamps on it? i am sure she means show proof you kept in contact with the USA in 2003. maybe she didnt word it right because thats what its all about....you have to show contact you made to the USA these 5 years.

 

[nyc_nyc_nyc]

its the re-entry permit that she wants to see that i applied in 2003...she wants to see that i really intended to come back to u.s. after college..she saw the passport but she wants proof that i did not abandon my permanent residency that i still consider u.s. as my home something like that..

ok go for it show her whatever you can what ever saves you . but from what i know and have researched personally..i'm not sure if this will be considered being proof as not abandoning the USA. the only thing they ask is to show your contact with the USA and a re-entry form is not a contact its just a re-entry paper.
plus you said you asked her what kind of proof and she said i dont know i cant think of what kind.

 

[andrea4prez]

she didnt say proof that i have not abandoned USA. because she told me she understands i have to go to school thats why im in the philippines. she wants proof that i intend to come back to USA. so i then told her, i applied for re-entry permit. then she said, ok give me that paper and it should show the address in california where you stayed when u returned.and when i asked her what else can i bring, she said she cant think of anymore now...

so that does mean, she is gonna reject it? because i have paperworks for 2004-2008...im only not sure about 2003... should i just wait and re-apply?

ok go for it show her whatever you can what ever saves you . but from what i know and have researched personally..i'm not sure if this will be considered being proof as not abandoning the USA. the only thing they ask is to show your contact with the USA and a re-entry form is not a contact its just a re-entry paper.
plus you said you asked her what kind of proof and she said i dont know i cant think of what kind.

 

[nyc_nyc_nyc]

she didnt say proof that i have not abandoned USA. because she told me she understands i have to go to school thats why im in the philippines. she wants proof that i intend to come back to USA. so i then told her, i applied for re-entry permit. then she said, ok give me that paper and it should show the address in california where you stayed when u returned.and when i asked her what else can i bring, she said she cant think of anymore now...

so that does mean, she is gonna reject it? because i have paperworks for 2004-2008...im only not sure about 2003... should i just wait and re-apply?

maybe she wont reject it but the paper she asked for does not at all come in the conditions to show you didnt abadon the states..but hey if she wants to see that then go for it. i stayed out of the states 11 months i never had a re-entry form i just came back on my own before a year..when i went to my interview they didnt ask me for this paper let alone i have researched what i needed to show at my interview and this was not one of the things in the conditions..anyways you should send it just to see what happenes and to complete everything so you can be ready for the decision. dont worry just wait for the decision after you complete everything. seriously theres nothing else to do but wait to see what they say.

 

[andrea4prez]

i know and i find it weird...she said she just wants to see papers that i really choose US as my home,,, something like that. i was like from 2004 until now, i really chose that. then she said, i understand you have to go to school but prove to me in 2003 that you intended to come back..i was like but i did come back then she smiled and said just give me proof of residencies on those years and we will give you a decision but she was smiling and being positve so i am confused..now im sad..i cant wait any longer!!! hehehe

maybe she wont reject it but the paper she asked for does not at all come in the conditions to show you didnt abadon the states..but hey if she wants to see that then go for it. i stayed out of the states 11 months i never had a re-entry form i just came back on my own before a year..when i went to my interview they didnt ask me for this paper let alone i have researched what i needed to show at my interview and this was not one of the things in the conditions..anyways you should send it just to see what happenes and to complete everything so you can be ready for the decision. dont worry just wait for the decision after you complete everything. seriously theres nothing else to do but wait to see what they say.

 

[andrea4prez]

oh yeah, question? what did you bring to the interview..kind of paperworks?thanks for all your help!!!!

maybe she wont reject it but the paper she asked for does not at all come in the conditions to show you didnt abadon the states..but hey if she wants to see that then go for it. i stayed out of the states 11 months i never had a re-entry form i just came back on my own before a year..when i went to my interview they didnt ask me for this paper let alone i have researched what i needed to show at my interview and this was not one of the things in the conditions..anyways you should send it just to see what happenes and to complete everything so you can be ready for the decision. dont worry just wait for the decision after you complete everything. seriously theres nothing else to do but wait to see what they say.

 

[Jackolantern]

oh yeah, question? what did you bring to the interview..kind of paperworks?thanks for all your help!!!!

nyc's situation is not really equivalent to yours, as you had TWO breaks of over 6 months, not just one. And some interviewers are simply more demanding than others. Just find the paper your interviewer asked for and go forward from there.