N400: chances of being denied - your advise needed

H

HudsonValley

Registered Users (C)
Hi All,
need your advise on the following.

My 3d anniversary of being LPR is approaching soon. Dear VSC has been silent about my I-751 application for 11 months already. That made me think about applying for the citizenship on a 3 years basis.

The thing is that when I first came to USA I stayed for couple of months, left back to my home country for 82 days, quit my job there and returned back to USA.

So my concern is I might be denied due to lack of establishing a permanent residency or whatever else.

Should I apply at 90 days before my 3d LPR anniversary or wait and apply on 3d year after that 82 days trip?
What are my chances at NYC DO? I wouldn't want to loose the application fee.

Thanks in advance,
HudsonValley
 
As the previous post says, you need not worry about the 82 day trip. That should not come in the way of your application being approved. If you have any other issues then it is a different storey. If your concern is only the absence of 82 days, then you should stop worrying about it. It is a non issue.
 
I had interview last week.

I have listed all trip, had 20 trip and 3 over 6 months. I have showed passport, N470, bank account, house mortgage details, tax transcipts. I showed him all passport and I did not had copy of all old passport and I asked him if he needs a copy, I can get it done and he can do it. He said it is not needed.

I got N562 with decison can not be made

He has asked me to sign the application, pictures and details (name, DOB, age, hight) which will be printed on naturalization cert.
 
Hi guys,
thanks for your replies.
My concern is 82 days outside USA after just being there for a couple of months.
Also during that time I was paid a salary in my home country till I quit and returned to USA.

HudsonValley
 
"N562 with decison can not be made"
is not a big deal. It is usually something that need further review or superviser approval.
Relax...
 
HudsonValley said:
The thing is that when I first came to USA I stayed for couple of months, left back to my home country for 82 days, quit my job there and returned back to USA.

So my concern is I might be denied due to lack of establishing a permanent residency or whatever else.
Click to expand...
I have read a couple of cases of people who got denied because of something like that ... what happened is that the interviewer said the 5-year residence clock started counting when they returned from that first trip, not when they initially got the green card approved. They didn't break continuous residence, they failed to begin residence until the end of that first trip, because the short stay at the beginning did not count as establishing residence.

However, I don't think you would have that problem. Those other people had shorter initial stays in the US and/or a longer trip outside the US after that initial stay.
 
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Jackolantern said:
I have read a couple of cases of people who got denied because of something like that ... what happened is that the interviewer said the 5-year residence clock started counting when they returned from that first trip, not when they initially got the green card approved. They didn't break continuous residence, they failed to begin residence until the end of that first trip, because the short stay at the beginning did not count as establishing residence.

However, I don't think you would have that problem. Those other people had shorter initial stays in the US and/or a longer trip outside the US after that initial stay.
Click to expand...


That's exactly what I'm concerned of. In my case that's 3 year residency. Just don't want to loose the money spent on their fees and wait 12 month or so to be denied and re-apply again.
I'm still waiting to hear about my I-751. I'm thinking if I still don't hear from them I shoud go to a restaurant to celebrate a 1 year anniversary. :mad::D
 
HudsonValley said:
That's exactly what I'm concerned of. In my case that's 3 year residency. Just don't want to loose the money spent on their fees and wait 12 month or so to be denied and re-apply again.
Click to expand...
You need 3 years minus 90 days* of residence to apply. So if you are worried about them denying your case because of the (remote) possibility they'll say your 3-year clock starts at the end of that initial trip, just wait for 3 years minus 90 days from the end of that initial trip and then apply. Based on what you wrote in your first post of this thread, I figure that would be about 2 or 3 months from now?


*Some say they now use 2 years and 9 months, due to problems with USCIS miscounting the minus 90 days. However, either way it is still recommended to wait a few days extra so you don't run into trouble because they miscounted by a day or two.
 
Jackolantern said:
You need 3 years minus 90 days* of residence to apply. So if you are worried about them denying your case because of the (remote) possibility they'll say your 3-year clock starts at the end of that initial trip, just wait for 3 years minus 90 days from the end of that initial trip and then apply. Based on what you wrote in your first post of this thread, I figure that would be about 2 or 3 months from now?


*Some say they now use 2 years and 9 months, due to problems with USCIS miscounting the minus 90 days. However, either way it is still recommended to wait a few days extra so you don't run into trouble because they miscounted by a day or two.
Click to expand...


That's what I'm thinking about, either send it as is 2 y 9 m and hope they will approve me or wait 2 month + 82 days and apply then.
If NYC DO and VSC were not so slow, I would definitely wait those 5 months, but it takes them forever to proccess those applications... :(
So I'm looking into either 12 months wait and risk being denied or abot 17 months wait and better chances for approval.
 
HudsonValley said:
That's what I'm thinking about, either send it as is 2 y 9 m and hope they will approve me or wait 2 month + 82 days and apply then.
If NYC DO and VSC were not so slow, I would definitely wait those 5 months, but it takes them forever to proccess those applications... :(
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You wouldn't have to wait 5 months from now. You would add the 2 months + 82 days to 2 years and 9 months. That puts you at 3 years and 52 days. If you have already completed 2 years and 11 months since your first day as a permanent resident, that gives you less than 3 months to wait.
 
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