My Situation....What to expect?

BigJoe5 said:
The Immigration Services Officer (ISO) will have certain information. You entered as DV Sept 2006, stayed for about a year and 8 months. Then you departed for around 4 months, returned for around 7 months and departed again for 11 months.

You need to be able to fill in the details. When you arrived, did you have a job lined up already? Did you require an I-134 affidavit? f yes, from whom? Was it your brother? Where did you stay when you 1st arrived? And after that? When you did get a job, what did you do?

It appears that you departed during a very low point in the economy, had you just lost your job or had you struggled for awhile before departing? Did you make serious efforts to search for a new job during that 7 month stint in the U.S.? Did you stay with your brother during that time? Did you depart again due to financial hardship? How serious was your job search from abroad? How qualified were you for any particular job? A DV only needs a high school diploma OR 2 years of work experience in the first place, lack of success in THAT job market is not uncommon for someone with even much higher qualifications.... Then you throw in the medical treatment and costs involved in that and your ability to stay with relatives back in your native country and consider the overall "big picture"....

Don't answer here. Just know that this is what the ISO will be wondering. IF you were the ISO, what would you think about your answers?
Click to expand...

Thanks a lot for all questions mentioned. Luckily I can give an easy answers to all those questions. I can't see any problem in a "big picture" other than I had to overstay 6 months. Other than that everything's straight forward and not complicated. I really avoid as much as I can to make up stories for ISO, I really did not have intention to abandon residency, and I didn't plan to overstay 6 months period. If I am asked, I think I will just give an honest answer to any question as I don't really have anything to hide or make up.
 
goro said:
Well it wasn't medical situation that didn't allow me to travel, it was mostly that I wouldn't be able to afford treatment in the USA....to be honest...
Click to expand...

I would be a bit concerned about this. Were you claiming the benefits of a more "socialized" medical system in your birth country than is available in the USA? Does your birth country allow its citizens to waltz (or stagger) in one day after years abroad and suddenly claim medical benefits? Many countries that provide more universal medical coverage than the USA provides require that you be a resident to do so--it is not enough to merely be a citizen home for a brief visit.

If you had to re-establish legal residency in your birth country in order to claim medical benefits, I'd be concerned about that--because it sort of suggests you weren't a US resident during the time in question.

OTOH if it is simply a case of medical care being cheaper in your birth country (regardless of who paid for it), and you were treated like any other short term visitor, that would be fine.
 
CalGreenCard said:
I would be a bit concerned about this. Were you claiming the benefits of a more "socialized" medical system in your birth country than is available in the USA? Does your birth country allow its citizens to waltz (or stagger) in one day after years abroad and suddenly claim medical benefits? Many countries that provide more universal medical coverage than the USA provides require that you be a resident to do so--it is not enough to merely be a citizen home for a brief visit.

If you had to re-establish legal residency in your birth country in order to claim medical benefits, I'd be concerned about that--because it sort of suggests you weren't a US resident during the time in question.

OTOH if it is simply a case of medical care being cheaper in your birth country (regardless of who paid for it), and you were treated like any other short term visitor, that would be fine.
Click to expand...

Thanks again for your reply. No there are no benefits and/or insurance involved. It is very cheap in my birth country than it is in the USA. For example the dental surgery that I had would cost me around 1000-2000$ with insurance in the USA compared to $150 in my birth country without any benefits or insurance.
 
BTW, another question:
As I wrote earlier I have my brother in US who remained in the US while I was absent. Should I get any docs which proof that he was living in the USA for that period of time? Or it doesn't really matter? Is he considered as an immediate relative?
 
and another question....do they ask for a proof that i didn't work abroad? If yes, what kinda proof should I get?
 
goro said:
and another question....do they ask for a proof that i didn't work abroad? If yes, what kinda proof should I get?
Click to expand...

Please see 8 CFR 316.5(c)(1)(i)(A-D) for evidence [your brother is not an "immediate relative"...they means spouse and child(ren) and sometimes parents.]

and see (c)(i)(ii) for the "remedy" [just wait 4 yrs and 1 day after the last long trip before filing.]

Every case is different and based on its own merits and individual circumstances and evidence.

go to www.uscis.gov and look on the laws tabs for 8 CFR
 
BigJoe5 said:
Please see 8 CFR 316.5(c)(1)(i)(A-D) for evidence [your brother is not an "immediate relative"...they means spouse and child(ren) and sometimes parents.]

and see (c)(i)(ii) for the "remedy" [just wait 4 yrs and 1 day after the last long trip before filing.]

Every case is different and based on its own merits and individual circumstances and evidence.

go to www.uscis.gov and look on the laws tabs for 8 CFR
Click to expand...

Thanks but this is not what I'm asking. Plus you are wrong. Please read the thread history before posting.
 
For proof of not working abroad I got a letter from the taxing agency of the foreign country showing no income for the years I was there.
 
goro said:
Thanks but this is not what I'm asking. Plus you are wrong. Please read the thread history before posting.
Click to expand...

Please explain what part of the EVIDENCE listed in the regulations at 8 CFR 316.5(c)(1)(i)(A-D) you did not understand. Those are the items that are an initial starting point in terms of documentary evidence for one to overcome the presumption of disruption of continuous residence for naturalization purposes that your 11 month absence has created for you.

If you are going to tell someone that they are wrong, be specific. You had an 11 month absence that broke your continuous residence for naturalization purposes that will require you to wait 4 years and 1 day since returning to the U.S. UNLESS you can PROVE that you did NOT actually disrupt your continuous residence.
 
Last edited by a moderator:
Every situation is different and if someone has naturalization approved even if the applicant stayed outside US for over six months and under one year doesn't mean you will get approved. it depends on your IO.

I have an aunt who stayed in her country for about 8 months becuase of surgery / treatment, her son who was also a PR stayed with her back in 2006. Both of them were approved in 2007. You just have to convince the IO if he/she bring it up during the interview. Their IO did not even ask for anything. They submitted doctors note and detaills description of illness and treatment. Both of them had 2 different IO but no questions.......were done in 20 min......and got Oath letter same day.....

You have more chances getting approved if you provide good paperwork..

Good luck.....
 
pleasehelp08 said:
Every situation is different and if someone has naturalization approved even if the applicant stayed outside US for over six months and under one year doesn't mean you will get approved. it depends on your IO.

I have an aunt who stayed in her country for about 8 months becuase of surgery / treatment, her son who was also a PR stayed with her back in 2006. Both of them were approved in 2007. You just have to convince the IO if he/she bring it up during the interview. Their IO did not even ask for anything. They submitted doctors note and detaills description of illness and treatment. Both of them had 2 different IO but no questions.......were done in 20 min......and got Oath letter same day.....

You have more chances getting approved if you provide good paperwork..

Good luck.....
Click to expand...

Thanks man. I know it depends on IO so I'll just pray that there's gonna be good IO for me. :)
 
I am getting ready to send my application soon. Do you think I should include any additional documents(tax transcripts, medical notes, etc) to the application based on my situation.
 
You must log in or register to reply here.
Top