N-14 Evidence of Continous Residence

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catonj

Registered Users (C)
Folks,

I had the interview today(Jan 14,08), I had 2 big close to 6 months visits outside the US. My wife stayed out with an Reentry Permit, she had our kid while she was out.
I was working for a US company for a portion of the time, and got paid in the US (about 6K/yr), I did not have any income in the foreign country. I stayed/used my friends addresses for one part of the stay.

I passed the interview, but was handed N-14, requesting evidence of continous residence proof in the US during the large break.

The problem is I don't have the leases, with me (as I threw them away) I don't have any utility bills in my name during the period except a phone line that I had. I maintained my car (registration/insurance), bank accounts, investment accounts, credit cards and renewed my Driver License.

1. What documents can I use to prove that I have lived in the US and that my visits were temperory?

2. Any suggestion on finding a good lawyer? What should I be asking, to pick a good lawyer?

3. Any suggestions for a Immig Lawyer in Tampa?
 
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catonj said:
Folks,

I had the interview today(Jan 14,08), I had 2 big close to 6 months visits outside the US. My wife stayed out with an Reentry Permit, she had our kid while she was out.
I was working for a US company for a portion of the time, and got paid in the US (about 6K/yr), I did not have any income in the foreign country. I stayed/used my friends addresses.

I passed the interview, but was handed N-14, requesting evidence of continous residence proof in the US during the large break.

The problem is I don't have a lease, of one portion of the period my friend purchased a new home and I agreed to lease/rent/store my belonging at his home. I don't have any utility bills in my name during the period except a phone line that I had. I maintained my car (registration/insurance), bank accounts, investment accounts, credit cards and renewed my Driver License.

1. What documents can I use to prove that I have lived in the US and that my visits were temperory?

2. Any suggestion on finding a good lawyer? What should I be asking, to pick a good lawyer?

3. Any suggestions for a Immig Lawyer in Tampa?
Click to expand...

Were you on assignment with a US company and working during those long trips?
 
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Most importantly, were the two long trips taken almost back-to-back? i.e. only a few weeks to a few months spent in the US. If so, you're going to need some strong evidence to prove you didn't break residency.

I assume you paid your taxes as a resident. If so, tax transcripts are useful.
Get a letter from your friend who rented you the room. One its own though, this is pretty weak evidence... storing belongings doesn't count for much.

In my opinion, based on what you've told us so far, your case is rather weak.
 
Bob: Yes, it was for a US company, for short term project.
Boatbod: I did pay US Taxes for all the years and provided the IO with IRS transcripts, but she insisted I prove I live in the US during the 1 and 1/2 yr period. She even asked me for lease documents, I told her I may not have the lease documents.
Yes the two trips were back to back with 19 days in the US follwed by 1 month in the US.

During this period in question I changed Drivers License to a different state, renewed my Car registration and maintained bank, creditcards.

I will try to see if I can locate any lease documents.

Any suggestion on what will constitute strong proof?
 
catonj said:
Bob: Yes, it was for a US company, for short term project.
Boatbod: I did pay US Taxes for all the years and provided the IO with IRS transcripts, but she insisted I prove I live in the US during the 1 and 1/2 yr period. She even asked me for lease documents, I told her I may not have the lease documents.
Yes the two trips were back to back with 19 days in the US follwed by 1 month in the US.

During this period in question I changed Drivers License to a different state, renewed my Car registration and maintained bank, creditcards.

I will try to see if I can locate any lease documents.

Any suggestion on what will constitute strong proof?
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Supporting documents showing your intentions not to abandon continuous residence include:

1. Location family ties (ie. did any immediate family remain in US while you were on trip?)
2. Federal/State Income tax statements
3. Letter from US employer indicating duration of foreign assignment
4. Lease/rental agrrement between you and your friend who stored belongings
5. US financial holdings statements (bank, credit card, mutual funds.etc) and drivers licenses

Since your 2 consecutive stays were less than 6 months each you did not break continuous residence, but the question of intent still arises as they happened fairly close together. Providing USCIS with these documents should be strong evidence of your intentions.
 
Do you have a current lease, school admission/fee receipt for your kid? I have heard that it would help if you can sufficiently prove atleast your current intentions of living in the USA
 
Along the same lines, a letter from your current employer, assuming you work here in the US now, would also help, I guess
 
catonj said:
Folks,

I had the interview today(Jan 14,08), I had 2 big close to 6 months visits outside the US. My wife stayed out with an Reentry Permit, she had our kid while she was out.
I was working for a US company for a portion of the time, and got paid in the US (about 6K/yr), I did not have any income in the foreign country. I stayed/used my friends addresses.

I passed the interview, but was handed N-14, requesting evidence of continous residence proof in the US during the large break.

The problem is I don't have a lease, of one portion of the period my friend purchased a new home and I agreed to lease/rent/store my belonging at his home. I don't have any utility bills in my name during the period except a phone line that I had. I maintained my car (registration/insurance), bank accounts, investment accounts, credit cards and renewed my Driver License.

1. What documents can I use to prove that I have lived in the US and that my visits were temperory?

2. Any suggestion on finding a good lawyer? What should I be asking, to pick a good lawyer?

3. Any suggestions for a Immig Lawyer in Tampa?
Click to expand...

Hi Catonj,

Here's a tool that might help finding an immigration attorney: http://www.ailalawyer.com/

Did the IO suggest what can constitute as evidence towards proving that you did not break CR?

Also, how long has it been since the last long absence from the USA?

From what I have learnt, the USCIS will look favorably at your case if that trip was in the distant past. For example if it was at the beginning of the 5 year window as opposed to towards the end, it might be easier to obtain an approval.

Good luck!
 
Here is my trip details:
Total days spent outside the United States during the past five years 706
Number of trips taken during the past five years 8

Depart || Arrive || 6mon? || Countries Traveled || Total Days Out of the United States
11/17/2007 11/30/2007 No India 12
5/28/2007 6/4/2007 No India 6
1/26/2007 1/30/2007 No India 3
3/12/2006 9/6/2006 No India 177
9/21/2005 2/13/2006 No Singapore, India 144
3/2/2005 9/2/2005 No India 183
7/15/2004 12/22/2004 No United Kingdom, India 159
6/21/2002 7/14/2002 No India 22


The IO change my answer to this table as 6months trip when I answered No. I politely told her that I had considered, that if you spent a minute after 12am in the US the day you depart/arrive then I counted the day to have been in the US. So technically 9/21/2005 to 2/13/2006 is not 6 months but 5months and 30 days (or 6months -1 day). I returned 12/23/04 and stayed here for close to 3 months.

So the question is how does the INS define 6months and how do you count days outside the US?

So We (wife & I) left the US on the first big trip because my wifes mom was not keeping well and needed help. She took a Reentry permit. I returned back I found a job in a US corporation and they put me on their payroll, then I was asked to take a temperary assignment in India. I went back to India in march to that job. I returned before the 6mon time and attended discussion etc and returned to india until the next close to 6 mon trip.

At the end of 2006 I found another job in the US and have stayed put in the US.

The IO asked for a lease or any evidence that you actually lived in the US. I told her I had all the bank, credit card, DL, Car, Car insurance in the US and did not get rid of anything. But she insisted on a lease. for the period 3/05 to 9/06.

Also another complication was the dates I had as my address change was not correct, I seem to have goofed up on those date of address change so she was asking how I moved when I wasn't in the US. I tried to recall and told her may be I got my dates wrong.

Sorry its a bit long. Thank you guys for all the time.

What are the chances? I am now collecting pertinent information including an affidavit inlieu of a lease, I also have the wiretransfer payment original for the lease.

So it boils down to did I break continous residency? & how do I prove my residency
 
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The fact that USCIS is asking you for additional evidence is a sign that they require you to prove continuous residence and intent due to the number of trips. I would think that 6 months = 180 days in USCIS eyes, but trying to play a numbers game with the dates without proper evidence will surely lead to a denial of your application. Do you not have lease rental documents for the time you were gone?
 
With these dates, you can expect to be denied on grounds that you weren't really resident in the US during the following period.

3/12/2006 9/6/2006 No India 177
9/21/2005 2/13/2006 No Singapore, India 144
3/2/2005 9/2/2005 No India 183
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Basically you were outside of the US for 1.5 yrs (3/2/2005 thru 9/6/2006) with only a 3 week and 4 week visit "back home". Historically, thats not been enough to prove that you maintained a residence, irrespective of whether each individual trip conformed to the 6 month rule.
 
boatbod said:
With these dates, you can expect to be denied on grounds that you weren't really resident in the US during the following period.



Basically you were outside of the US for 1.5 yrs (3/2/2005 thru 9/6/2006) with only a 3 week and 4 week visit "back home". Historically, thats not been enough to prove that you maintained a residence, irrespective of whether each individual trip conformed to the 6 month rule.
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If that is the case, wouldn't USCIS have already denied his case instead of asking for additional evidence since he already had an interview?
 
I am curious - why does the USCIS keep on asking for lease/rent in such cases? If a person clearly has an intention to be back home in the USA after a prolonged absence, why would they pay lease or rent when they are gone? Isn't that poor financial planning?
 
Did you get a Re-Entry Permit

CatonJ,

Just curious to know if you got a re-entry permit before leaving the US ?
 
immigrateful said:
I am curious - why does the USCIS keep on asking for lease/rent in such cases? If a person clearly has an intention to be back home in the USA after a prolonged absence, why would they pay lease or rent when they are gone? Isn't that poor financial planning?
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Because evidence of a physical residence (by means of a house or apartment lease) in the US is a strong indication of your intent and ties to the US, rather than just setting up a PO box. It also prevents abuse of continual residency requirements by some applicants.
 
Bobsmyth said:
If that is the case, wouldn't USCIS have already denied his case instead of asking for additional evidence since he already had an interview?
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No. USCIS are giving the applicant the opportunity to rebut their assertion that he broke residence. Its quite a common chain of events, and I'm still putting my money on a denial.
 
boatbod said:
No. USCIS are giving the applicant the opportunity to rebut their assertion that he broke residence. Its quite a common chain of events, and I'm still putting my money on a denial.
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I find it odd for the USCIS to offer the applicant a chance of rebuttal if approval is thought to be very slim. Does it bog down to a procedural matter?
 
Bobsmyth said:
I find it odd for the USCIS to offer the applicant a chance of rebuttal if approval is thought to be very slim. Does it bog down to a procedural matter?
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Pretty much procedural. Otherwise, when the denial is appealed and comes up for review, the IO is going to look pretty silly saying he didn't give the applicant ample chance to rebut the finding.
 
catonj said:
The IO change my answer to this table as 6months trip when I answered No. I politely told her that I had considered, that if you spent a minute after 12am in the US the day you depart/arrive then I counted the day to have been in the US. So technically 3/2/2005 to 9/2/2005 is not 6 months but 5months and 30 days (or 6months -1 day). I returned 12/23/04 and stayed here for close to 3 months.

So the question is how does the INS define 6months and how do you count days outside the US?
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Departure and arrival days are considered as days in US - not outside US.

From and including: Wednesday, March 2, 2005
To and including: Friday, September 2, 2005

It is 185 days from the start date to the end date, end date included.
Or 6 months, 1 day including the end date

But then subtract days in US: 185-2=183 days

You're right - your trip was less then 6 months. I'm not sure why did IO change your answer from NO to Yes.
 
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