N-14 after passing the interview :( please help

J

jalak

Registered Users (C)
Hi,

I got my greencard in 2001 filled for citizenship based on 4 yr law in march 08 and had my interview on 15th july 08 which I passed and received N-652 and here are my entry exit records:

01/31/2008 01/31/2008 NO Canada 0
06/21/2007 06/24/2007 NO Canada 3
10/18/2006 10/24/2006 NO India 6
12/08/2005 12/08/2005 NO Canada 0
12/04/2005 12/04/2005 NO Canada 0
03/12/2005 09/01/2005 NO India 142
09/01/2004 10/24/2004 NO India 53
12/19/2001 02/19/2004 YES India 79212/03/2001 12/03/2001 NO Canada 0

12/19/2001 to 02/19/2004 was when i took reentry permit, and that is the place where we had written in N 400 by mistake as:
12/19/2001 to 02/03/2003 YES INDIA 792 (MISTAKE IN N-400)

but we did give correct information during interview

NOW on 31st july i received N-14 saying "Proof of residence/ Physical presence: Please submit proof that you resided in the US from 3/2003 to 2/2004. This can include: bank statements, utility bills, medical appointments, proof that you maintained employment in the U.S, proof that your family remained in the U.S, or any other information which serves to prove that your actual residence was in the U.S during your absence."

Q.1- I think I can only get bank statements for those days, will it be ok?
Q.2- Do they ask for proof of residence/Physical presence for days when I WAS NOT IN U.S (3/2003 TO 2/2004)?
Q.3- Do you think that they are clear that I WAS NOT IN US during those days?
Q.4- What happens if they deny, can i reaply?
Q.5- how much time can it take if things go fine to get oath?

Will appreciate response
Thank you
 
jalak said:
Hi,

I got my greencard in 2001 filled for citizenship based on 4 yr law in march 08 and had my interview on 15th july 08 which I passed and received N-652 and here are my entry exit records:

01/31/2008 01/31/2008 NO Canada 0
06/21/2007 06/24/2007 NO Canada 3
10/18/2006 10/24/2006 NO India 6
12/08/2005 12/08/2005 NO Canada 0
12/04/2005 12/04/2005 NO Canada 0
03/12/2005 09/01/2005 NO India 142
09/01/2004 10/24/2004 NO India 53
12/19/2001 02/19/2004 YES India 79212/03/2001 12/03/2001 NO Canada 0

12/19/2001 to 02/19/2004 was when i took reentry permit, and that is the place where we had written in N 400 by mistake as:
12/19/2001 to 02/03/2003 YES INDIA 792 (MISTAKE IN N-400)

but we did give correct information during interview

NOW on 31st july i received N-14 saying "Proof of residence/ Physical presence: Please submit proof that you resided in the US from 3/2003 to 2/2004. This can include: bank statements, utility bills, medical appointments, proof that you maintained employment in the U.S, proof that your family remained in the U.S, or any other information which serves to prove that your actual residence was in the U.S during your absence."

Q.1- I think I can only get bank statements for those days, will it be ok?
Q.2- Do they ask for proof of residence/Physical presence for days when I WAS NOT IN U.S (3/2003 TO 2/2004)?
Q.3- Do you think that they are clear that I WAS NOT IN US during those days?
Q.4- What happens if they deny, can i reaply?
Q.5- how much time can it take if things go fine to get oath?

Will appreciate response
Thank you
Click to expand...


Was your passport not stamped for travel at that time period? Did you not tell the truth that you were not in the country around that time? Do not try to prove that you were in USA if you were not, it is very easy for them to know that you were not in USA if you have traveled overseas... even if they deny for this, you can always reapply... if you will lie about it and if they catch you... not good! What are your reason for not being in USA around that time.. if it is valid explain them that.
 
jalak said:
Hi,

I got my greencard in 2001 filled for citizenship based on 4 yr law in march 08 and had my interview on 15th july 08 which I passed and received N-652 and here are my entry exit records:

01/31/2008 01/31/2008 NO Canada 0
06/21/2007 06/24/2007 NO Canada 3
10/18/2006 10/24/2006 NO India 6
12/08/2005 12/08/2005 NO Canada 0
12/04/2005 12/04/2005 NO Canada 0
03/12/2005 09/01/2005 NO India 142
09/01/2004 10/24/2004 NO India 53
12/19/2001 02/19/2004 YES India 79212/03/2001 12/03/2001 NO Canada 0

12/19/2001 to 02/19/2004 was when i took reentry permit, and that is the place where we had written in N 400 by mistake as:
12/19/2001 to 02/03/2003 YES INDIA 792 (MISTAKE IN N-400)

but we did give correct information during interview

NOW on 31st july i received N-14 saying "Proof of residence/ Physical presence: Please submit proof that you resided in the US from 3/2003 to 2/2004. This can include: bank statements, utility bills, medical appointments, proof that you maintained employment in the U.S, proof that your family remained in the U.S, or any other information which serves to prove that your actual residence was in the U.S during your absence."

Q.1- I think I can only get bank statements for those days, will it be ok?
Q.2- Do they ask for proof of residence/Physical presence for days when I WAS NOT IN U.S (3/2003 TO 2/2004)?
Q.3- Do you think that they are clear that I WAS NOT IN US during those days?
Q.4- What happens if they deny, can i reaply?
Q.5- how much time can it take if things go fine to get oath?

Will appreciate response
Thank you
Click to expand...

So you left the country for 792 days between 12/19/2001 02/19/2004 on LPR status?
 
Yes I was out but was legal and took re-entry permit. I have done all things legally.
And have also given all correct information during the interview which I had to because of some mistakes in N-400
 
I thought a re-entry permit is only valid for periods outside the country of up to 2 years (730 days) to preserve your LPR status. How did you manage to return to the US after 792 outside the US?
 
A reentry permit does not preserve continuous residence for naturalization purposes, therefore you do not have 5yrs continuous residence. Without explicitly claiming benefit of the 4yr+1day rule, I suspect USCIS are getting set to deny your case.
 
yes i am going for 4yr and 1 day, we are also going through a lawyer but he is not available till 4th and I wanted to get more opinions on it.

My main question is does USCIS ask for any residence proofs while your absence in US?
and What happens if they deny? (can it be reapplied)
 
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During your interview, did you mention to the IO you are filing based on 4years +1 day rule?
To answer your main question, USCIS does ask for proof of residential ties to the US while you're out of the country for more than 6 months to prove you did not break continuous residence.
However, in your case it seems they are requesting evidence of physical presence in US during the mentioned time frame since it constitutes abandonment of your LPR status (outside trip over 2 years).
Again, how did you manage to re-enter the US after being gone for more than 2 years without them taking away your GC ? Did you have any extenuating circumstances?
 
Last edited by a moderator:
jalak said:
yes i am going for 4yr and 1 day, we are also going through a lawyer but he is not available till 4th and I wanted to get more opinions on it.

My main question is does USCIS ask for any residence proofs while your absence in US?
and What happens if they deny? (can it be reapplied)
Click to expand...

You can always reapply with your lawyer's help. It would be best to consult your immigration lawyer. The worst case is that UCSIS will deny your current case if you don't have any proof that you were in USA and they may have chance to let you appeal or cannot appeal. Did you use 4years +1 day rule?

Is there any reason why you were outside for so many days?
 
Again, how did you manage to re-enter the US after being gone for more than 2 years without them taking away your GC ? Did you have any extenuating circumstances?

I think he/she must have applied and gone, then after 6 months re entry was issued.So he/she could stay more than 2 years.
I have exactly same situation .I could stay 2.5 months but returned before the expiry date of the re entry permit.And I always verified the rule with the consulate.They said "one should return before the the expiry date of the reentry permission.
 
hey you got me it is wright i applied for reentry and went back to india then got my reentry after few months and came back before the expiring date of reentry and hence i got more than 2 yrs
 
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I agree you should return before expiry of re-entry permit, but with that logic you can leave the country, apply for re-entry permit after 20 months then return before the expiry of re-entry permit up to 2 years after issuance for a total travel time of over 3 years outside the US without any fear of loosing LPR status.?
 
When Bobysmith asked you this Q why did you not answer immediately?
I hope you are not hiding anything!
 
i dont know whether you forgot that you cannot stay out of the country for more than 11 months to preserve your green card, so there is no question for applying for re entry after 20 months.
i applied for my re entry in dec 2001 and it was issued in march 2002 and was valid till march 2004 and i entered the country on feb 19 2004 , so i hope iam now clear why it is 792 days out of usa.
 
I was referring to applying for re-entry permit from outside the US at a consulate after 20 months, which I realize would not work. Even if you apply after 11 months out of country at a consulate and get your re-entry permit 6 months later, with your logic you can then stay outside for over 3 years without worrying about loosing your LPR status?. Unless you had special circumstances beyond your control (health issues?), consider yourself lucky that they let you renter the country after 2 years. The re-entry permit may be valid for 2 years, but that doesn't mean that you have not broken physical presence.

http://www.usavisacounsel.com/article-95.htm

http://www.path2usa.com/immigration/greencard/reentrypermit.htm
 
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Bobsmyth said:
I was referring to applying for re-entry permit from outside the US at a consulate after 20 months, which I realize would not work. Even if you apply after 11 months out of country at a consulate and get your re-entry permit 6 months later, with your logic you can then stay outside for over 3 years without worrying about loosing your LPR status?. Unless you had special circumstances beyond your control (health issues?), consider yourself lucky that they let you renter the country after 2 years. The re-entry permit may be valid for 2 years, but that doesn't mean that you have not broken physical presence.

http://www.usavisacounsel.com/article-95.htm

http://www.path2usa.com/immigration/greencard/reentrypermit.htm/
QUOTE]
Rule for reentry is one has to apply before leaving USA that means when the application is sent to USCIS the person must be physically present in USA .
In my case I went after sending the application and waited for the re entery permit.
As they sent the permit after six months of the application date.(For Example Applied 20th april then left USA 1st june.And received the reentry 20th december.)
What Jalak is talking about 11 months i do not understand.
Click to expand...
 
I read it (incorrectly) to mean that after you are out of the country for more than 2 years you loose your LPR status, regardless of when you're reentry permit was obtained. I now realize that it is up to the time your re-entry permit it valid, so any I-131 processing delay is your gain to remain outside US longer as long as you apply for permit while in US.
The consulate reference is for returning visa request (SB1) if you happen to stay outside country for longer than the time your re-entry permit is valid for due to outstanding circumstances.
 
Hi,

I have almost the same situation! I was interviewed on July 16th 2008, and I passed all the tests but the officer questioned me about one of my stay outside US which was over 6 months. So he gave me N-14 form and asked me to provide the documents regarding my stay outside US. He asked me to mail all the documents to him which i did. My only concern is as to how much time would it take for him to reply. Has anyone gone thru this, if yes, pls let me know what is the time-line in which, they usually reply back. Its making me nervous.
 
Shana15 said:
Hi,

I have almost the same situation! I was interviewed on July 16th 2008, and I passed all the tests but the officer questioned me about one of my stay outside US which was over 6 months. So he gave me N-14 form and asked me to provide the documents regarding my stay outside US. He asked me to mail all the documents to him which i did. My only concern is as to how much time would it take for him to reply. Has anyone gone thru this, if yes, pls let me know what is the time-line in which, they usually reply back. Its making me nervous.
Click to expand...

so on your N-652 they checked the please follow instruction on Form 14? Did they check "congratulations" or anything else like you will receive a written decision in the mail.
 
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