N-400 interview denial plzz help

I took a reentry permit before I went which will show a proof that i donot want to abandon my residence here and my parents were still here in 2006 and they filed a tax return including me as a Dependant here. will this be sufficent??

Jackolantern said:
Probably some evidence of establishing residence in April/May 2006.

Note that the 4 year + 1 day rule has the wording "resume permanent residence". To resume something implies you must have commenced it in the first place. If that 1 month you spent in the US between initial arrival in the US and departure on that 14 month trip is classified as just a visit and not establishing residence, then you wouldn't have resumed residence in July 2007 because you never established it before the long trip. Others on this forum who left on a long trip shortly after GC approval have been denied for that reason.

With the 5 years minus 90 days rule, you would become eligible to apply in April 2012 (i.e. 5 years from July 2007 = July 2012, minus 90 days).
Click to expand...
 
nidhin0006 said:
I took a reentry permit before I went which will show a proof that i donot want to abandon my residence here and my parents were still here in 2006 and they filed a tax return including me as a Dependant here. will this be sufficent??
Click to expand...

A re-entry permit serves the purpose of protecting greencard or LPR status. This lawful permanent resident "status" is different from "continuous residence" for naturalization purposes.

The argument about whether residence was established initially has been tried by individual officers and particular offices but USCIS counsel does not support it and will not fight for it.

The remedy applies and is not a discretionary decision.
 
N-400, 4 year and One day rule - Interview done

Folks, need your help:
I applied under 4 year one day rule and done my Interview on August 16,2011 and waiting for the decision. Since it past 75 days now no response from USCIS
after i went for info pass , writing letter to I/o, calling 1-800.... no updates about the status.In the interview office did not ask any specific questions about the'
trips i made to India. She said that i can apply under 4 year one day rule.
got my GC on 2003 July, and went to India.

My trips gives you an idea:

GC obtained on July 23,2003, under employment based.

Went to India by 2003 Aug - back to US on June 10 2004 - 10 months gap
Went to India by June 30 2004 - back to US on Sep 2005 - 14 months gap
Went to India by Sep 30 - back to US on April 13, 2007 - 18 months gap

I know my eligibility is lost till this point.

I started the 4 year one day from April 13,2007:

Went to India by Feb 07 2008 - Back to US by Nov 15,2008 - 9 months gap
Went to India by Dec 31,2008 - Back to US by June 08,2009 - 5 months gap
went to India by Nov 26,2009 -Back to US by Dec 20,2009 - 1 month gap
Went to India by Nov 26,2010 - Back to US by Dec 20,2010 - 1 month gap
I applied for N-400 in April 29,2011 and May 08,2011 is my priority date
I did my finger print in June 01,2011
I did my interview in Mt.Laurel,NJ in Aug 16,2011.

I am waiting for 75 days and so for no clues. What you think about my case. Will i get my decision approved or Denied?

Before filing i consulted three different lawyers, American immigration lawyer said the chances are 50% : 50%
The other one said not file now, third one said to file in 2013. But i applied based on third lawyer advise. All are immigration american lawyers.

Please let me know your comments:
 
RAM_INS said:
Folks, need your help:
I applied under 4 year one day rule and done my Interview on August 16,2011 and waiting for the decision. Since it past 75 days now no response from USCIS
after i went for info pass , writing letter to I/o, calling 1-800.... no updates about the status.In the interview office did not ask any specific questions about the'
trips i made to India. She said that i can apply under 4 year one day rule.
got my GC on 2003 July, and went to India.

My trips gives you an idea:

GC obtained on July 23,2003, under employment based.

Went to India by 2003 Aug - back to US on June 10 2004 - 10 months gap
Went to India by June 30 2004 - back to US on Sep 2005 - 14 months gap
Went to India by Sep 30 - back to US on April 13, 2007 - 18 months gap

I know my eligibility is lost till this point.

I started the 4 year one day from April 13,2007:

Went to India by Feb 07 2008 - Back to US by Nov 15,2008 - 9 months gap
Went to India by Dec 31,2008 - Back to US by June 08,2009 - 5 months gap
went to India by Nov 26,2009 -Back to US by Dec 20,2009 - 1 month gap
Went to India by Nov 26,2010 - Back to US by Dec 20,2010 - 1 month gap
I applied for N-400 in April 29,2011 and May 08,2011 is my priority date
I did my finger print in June 01,2011
I did my interview in Mt.Laurel,NJ in Aug 16,2011.

I am waiting for 75 days and so for no clues. What you think about my case. Will i get my decision approved or Denied?

Before filing i consulted three different lawyers, American immigration lawyer said the chances are 50% : 50%
The other one said not file now, third one said to file in 2013. But i applied based on third lawyer advise. All are immigration american lawyers.

Please let me know your comments:
Click to expand...

Responses to this are in your new thread http://forums.immigration.com/threads/545967-Citizenship-under-4-year-one-day-rule
 
Guys , I have received the request for evidence letter from USCIS today. This is what it states

"
Absent 6 Months

You have been absent from the United States for more than six months during the five years preceding the filing of this application. Submit evidence that during each period of these absences you have not disrupted the continuity of yoor residence in the United States. The types of documentation which may establish that you did not disrupt the continuity of your residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

1.You did not terminate your employment in the United States;
2.Your immediate family remained in the United States:
3.You retained full access to your United States abode; or
4.You did not obtain employment while abroad."

I didnot had an employment in united states before I left for the long trip. First I came to US in April 2006 and left to india in may 2006 returning on july 2007 after 14mnths. what evidence will i submit for first case?

My parents and brother was staying here and when they filed taxes they put me as a dependant and i have teh tax receipt of them indicating i was a dependant of them. will this be enough for second one!!

i didnot have a residence here before I left. I lived for one month here with my parents.

I didnot obtain an employment abroad. I went for studies and completed my undergraduate studies there for one year. can i show my degree certificate for this??...

I even have the reentry permit which shows that I want to come back and i am just going outside for a trip.

should I take a print out of the 4 yr one day rule and send a copy of that along with this!. Is it good to contact an immigration lawyeer and consult before sendign these!!!..plzz help.....
 
nidhin0006 said:
Guys , I have received the request for evidence letter from USCIS today. This is what it states

"
Absent 6 Months

You have been absent from the United States for more than six months during the five years preceding the filing of this application. Submit evidence that during each period of these absences you have not disrupted the continuity of yoor residence in the United States. The types of documentation which may establish that you did not disrupt the continuity of your residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

1.You did not terminate your employment in the United States;
2.Your immediate family remained in the United States:
3.You retained full access to your United States abode; or
4.You did not obtain employment while abroad."

I didnot had an employment in united states before I left for the long trip. First I came to US in April 2006 and left to india in may 2006 returning on july 2007 after 14mnths. what evidence will i submit for first case?

My parents and brother was staying here and when they filed taxes they put me as a dependant and i have teh tax receipt of them indicating i was a dependant of them. will this be enough for second one!!

i didnot have a residence here before I left. I lived for one month here with my parents.

I didnot obtain an employment abroad. I went for studies and completed my undergraduate studies there for one year. can i show my degree certificate for this??...

I even have the reentry permit which shows that I want to come back and i am just going outside for a trip.

should I take a print out of the 4 yr one day rule and send a copy of that along with this!. Is it good to contact an immigration lawyeer and consult before sendign these!!!..plzz help.....
Click to expand...

Well, even the senior reviewer is somewhat confused, you'll have to explain it to them.

Try downloading tailoring this to your case: http://www.slideshare.net/BigJoe5/n-400-applying-the-remedy
 
Should I print out the law portion and write a detailed letter indicating what is the case to them along with the evidence they needed?. If you dont mind, can I talk to you for a few min. over phone. Could you please mail me your contact info if you dont mind to nidhin0006@gmail.com ... this notice came from the same officer who interviewed me!!!.....the name is written there...


BigJoe5 said:
Well, even the senior reviewer is somewhat confused, you'll have to explain it to them.

Try downloading tailoring this to your case: http://www.slideshare.net/BigJoe5/n-400-applying-the-remedy
Click to expand...
 
Please use the personal message function of this site.

P.S. edit your message and remove your e-mail unless you want to be spammed.
 
just wanted to give a quick update ...I have created a legal document indicating the rule and example listed in M476 page 23 which is similar to my case and sent it to uscis along with the documents they asked...I have not got any responses yet.
 
got my oath letter

hi all, thanks for all your help. i got my oath letter dated dec 5th.. i had planned a trip on jan 8th to india previously thinking this process will get done early. now i dont have that much time. so i am rescheduling the oath. i hope there is no issues for rescheduling!!
 
i went through a lawyer and he created a legal argument stating that i applied using the rule 4yr and 1 day and he stated the exact law from the website and also in M-476 form page 22 or 23 there is an example similar to my case and he pointed that also out..then he submitted all documents what uscis asked indicating that i went to india just for studies and my parents remained in us and all also
 
Hi, Congrats!!
I may also need an attorney for my N-400 case, can you please send the details of your attorney to nbushi at yahoo dot com

Thanks
 
nidhin0006 said:
hi all, thanks for all your help. i got my oath letter dated dec 5th.. i had planned a trip on jan 8th to india previously thinking this process will get done early. now i dont have that much time. so i am rescheduling the oath. i hope there is no issues for rescheduling!!
Click to expand...
Congratulations..you can take oath an get same day passport service before you leave for the trip.
 
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