long trips, many trips, is it going to be an issue for naturalization ? do i need a lawyer ?

S

sreeleshk

Registered Users (C)
hi,

i had a few trips and quite considerable amount of stay abroad ( in india) after securing my GC. i believe i will be eligible to apply by N400 by the second week of February 2010. the details of my trips are below. Can you guys tell me if the trips and long stays are going to raise questions? if so how can i convince them that i had not abandoned my residency? do i need a lawyer to help me with the n400 ?

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
02/20/2003 Became a permanent Resident (arrived in America).
05/24/2004 Left for native country (to continue with college).
02/27/2004 Arrived In America.
05/20/2004 Secured a Re-Entry Permit and Returned back to my native country to continue with my college.
02/02/2006 Arrived in America.
05/19/2007 Left America to native country.
11/08/2007 Returned to America
07/29/2008 Left to Native Country
10/16/2008 Returned back to America.
03/03/2009 Left to Native Country.
05/13/2009 Returned to America
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I had stayed outside the country

279 days on my first trip.
623 days on my second trip.
173 days on my third trip.
79 days on my fourth trip.
77 days on my 5th trip.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++


please advise, inputs will be highly appreciated.


thanks
 
I assume you are basing your Feb 2010 application date eligibility on the 4 year +1 day rule.
Do you have any evidence of US residency ties for the 173 day trip since it falls very close to the 180 day threshold of presumption of continuous residency break?
Expect to provide tax returns and to be asked for evidence of residency ties for the 173 day trip. Other than that, I don't foresee any issues.
 
Bobsmyth,

I had left for india as i lost my job, and had personal reasons too be in india, but i cant really prove what the personal reasons were. I had filed my taxes promptly, i do not have any utility bills, mortgage statments, or proof of paying rent . :(, my bank account was active. other than that i have nothing. I plan to apply in feb under the 5 year-364 days rule, thats correct. please advise.

when i talked with the lawyer he said they dont really put all the trips i made in the N400, they said they only disclose the trips in the past 5 years. any thoughts ? i do not want to use immigration lawyer unless absalutely necessary. the lawyers charge around $1000.00 just for filling the n400
and i am struggling to make my ends meet, as am unemployed for some time now.
 
I would recommend you to apply 4 years + 1 day from the date you came back from your 173 day trip. Since your continuous residency requirements will be an issue.
 
guju said:
I would recommend you to apply 4 years + 1 day from the date you came back from your 173 day trip. Since your continuous residency requirements will be an issue.
Click to expand...

i got married a year and half ago, me getting naturalized is the only way for me to bring her here. thinking of applying it after becoming a citizen in 2010, i didnt bother to petition i-130 (me with LPR stats)till now.

please advise
 
sreeleshk said:
Bobsmyth,
when i talked with the lawyer he said they dont really put all the trips i made in the N400, they said they only disclose the trips in the past 5 years. any thoughts ?
Click to expand...

They want ALL TRIPS since becoming LPR... Would not hurt to have evidence of school / study during the 600+ day overseas...
 
PerpetualGC said:
They want ALL TRIPS since becoming LPR... Would not hurt to have evidence of school / study during the 600+ day overseas...
Click to expand...

u got that covered i have my college information to prove i was in college and my graduation dates and all. thanks but what guju commented about the 173 days abroad is worrying me :(

my wife has her fingers crossed on this :(
 
I think you'll be OK. There were several consecutive months of staying in America right before and after the 173 day trip; it wasn't part of a string of back-to-back trips. Apply in Feb 2010 and see what happens.
 
sreeleshk , 1st of all i wish you all the best in your citizenship application , i know your trying to get answers here but could you explain to me what you guys mean by applying to the 4y+1 day for citizenship ???/

isnt citizenship a 5 year things with rules of physical and continous prescence so what is the 4 year thing

thank
 
Last edited by a moderator:
You can always apply in 2010, worst come worst they will deny your application, but there is also a good change that your application will get approved. Since you want to bring your wife here, if I were you, I would apply (the only risk is the application fees). Just try to get as much evidence of maintaining ties with US as possible. Goodluck.
 
cooldoc80 said:
sreeleshk , 1st of all i wish you all the best in your citizenship application , i know your trying to get answers here but could you explain to me what you guys mean by applying to the 4y+1 day for citizenship ???/

isnt citizenship a 5 year things with rules of physical and continuous presence so what is the 4 year thing

thank
Click to expand...

in the normal course of events if i didnt exceed stay outside America for 180 days at a stretch and you for continuous residence and 30 months of physical presence, i would had been eligible in 2008, and been able to apply 90 days in advance.

but unfortunately, if you secure a re-entry permit in that lets u be abroad till 2 years without losing my LPR status. but that doesn't prevent breaking the continuous residence, for this category of applicants, the rule is you can apply after 4 years and 1 day after returning from the trip that exceeded 180 days.
 
Last edited by a moderator:
sreeleshk said:
so i returned to America on 2nd February 2006 so 4 years and 1 day rule ( or 5 year -364 days) will make me eligible in on the 3rd of February 2010.
Click to expand...



thanx alot man all my wishes that you succeed without any obstacles in your citizenship :)
 
You must log in or register to reply here.
Top