NOT SO GOOD INTERVIEW Continous residence - after interview requesting more documents... PLEASE HELP

[neway]

HELLO ALL

unfortunately i didn't have a good experience with my interview this week.
its a long story but ill try to make it short:

i got my GC in 06 (my husband is a us citizen).
during the years, i had to leave the us for 10.5 month (for medical reasons) and i make sure before i left to get the travel permit. and they gave me the permit that basically allow me to leave for 2 years.
even though i had it for 2 years, i came back after 10.5 month for 2-3 weeks and then left again for less then 6 month.
after those 2 trips i came back (i did had other short trips ).
i filed for the 5 years of having GC. and out of the 5 years, even with all the time out side i have over 3 years inside the us.
my attorney told me that they can't hold the time i was out side (the long trip) "against me" as they gave me the permission to leave with the permit. he also said, if it was more then a year then i stop the count but if its 6 month and up (as long as its less then a year) a person should have ask for the permit, which i did.

anyway, i filed for the naturalization on march and my interview was 2 days ago
in the interview the officer was not nice at all, and after 2 min he got to the page with all the exits and start ask right a way why did i leave so many times and why so long. i explained him and he start saying the i broke the time for the naturalization.
i was surprised and start tell him, but i got the permit and showed him. he didn't care.
then he asked what happened during that time, and i told him we kept our apartment and i showed him a lease i had.
he didn't even look at it. i aslo said i filed taxes for that year... i had the tax transcript with me and he didnt even ask to see it.
he continue to ask me lots of other questions, and a lot of them where about my husband (i don't know why, as i filed for the 5 years).
after couple of minutes, and a page he asked me to fill in and sign about that time during that year, he continue with the test which i passed.

at the end, he told me i will need to send some documents and gave me a form stating i passed the test, but i have a month to send documents to show i was resident in the us from 2006!!!
then, he added another marked so i will send also doc's about the marriage ?!?! then i asked why? as i filed for the 5 years... and he said that he is trying to help me coz maybe it will be easier for me to get it by the marriage.
my attorney said its not true and after u file for 1 thing, u cant go back and file for something else.

i asked him what exactly is he asking for and then i told him i have alot of it with me. he didn't even want to look and just say send it all organized.

by the way, i filed tax for all years!

since all of our stuff was thrown to the garbage while our landlord renovated the place so i dont have all the proofs from few years back, i had to call my bank and ask for all my statements back, as well from all credit cards... i have the lease, i have tax returns, i have the passport and letter from my previous employer. what else ?!

so he didn't gave me a denial but he said they cant get a decision and to send the documents.

do you know if that is just a trick or what is going on?!
do you guys know of any situation that after submitting the doc's that someone actually got approved?

should i worry? i am actually and very disappointed!

and another question, when submitting the application, i mention the trips and send copy of the permit they gave me as well. this important detail was in the application so if the law is the way the officer said, how come the USCIS process my application, deposit the check and let me continue with the process?! they should review it and make sure you qualify to continue no?!
if that the law, and I'm "not qualified" yet , they should have told me that in march when i submitted the application.

i would love to hear from any one who is familiar or know of any situation like mine (or similar). or if you have any suggestions for me here...

please try to though ideas of what other documents should i provide (beside tax, bank statment, credit cards, bills ...) any other ?!

thank you all...

 

[faysal]

HELLO ALL

unfortunately i didn't have a good experience with my interview this week.
its a long story but ill try to make it short:

i got my GC in 06 (my husband is a us citizen).
during the years, i had to leave the us for 10.5 month (for medical reasons) and i make sure before i left to get the travel permit. and they gave me the permit that basically allow me to leave for 2 years.
even though i had it for 2 years, i came back after 10.5 month for 2-3 weeks and then left again for less then 6 month.
after those 2 trips i came back (i did had other short trips ).
i filed for the 5 years of having GC. and out of the 5 years, even with all the time out side i have over 3 years inside the us.
my attorney told me that they can't hold the time i was out side (the long trip) "against me" as they gave me the permission to leave with the permit. he also said, if it was more then a year then i stop the count but if its 6 month and up (as long as its less then a year) a person should have ask for the permit, which i did.

anyway, i filed for the naturalization on march and my interview was 2 days ago
in the interview the officer was not nice at all, and after 2 min he got to the page with all the exits and start ask right a way why did i leave so many times and why so long. i explained him and he start saying the i broke the time for the naturalization.
i was surprised and start tell him, but i got the permit and showed him. he didn't care.
then he asked what happened during that time, and i told him we kept our apartment and i showed him a lease i had.
he didn't even look at it. i aslo said i filed taxes for that year... i had the tax transcript with me and he didnt even ask to see it.
he continue to ask me lots of other questions, and a lot of them where about my husband (i don't know why, as i filed for the 5 years).
after couple of minutes, and a page he asked me to fill in and sign about that time during that year, he continue with the test which i passed.

at the end, he told me i will need to send some documents and gave me a form stating i passed the test, but i have a month to send documents to show i was resident in the us from 2006!!!
then, he added another marked so i will send also doc's about the marriage ?!?! then i asked why? as i filed for the 5 years... and he said that he is trying to help me coz maybe it will be easier for me to get it by the marriage.
my attorney said its not true and after u file for 1 thing, u cant go back and file for something else.

i asked him what exactly is he asking for and then i told him i have alot of it with me. he didn't even want to look and just say send it all organized.

by the way, i filed tax for all years!

since all of our stuff was thrown to the garbage while our landlord renovated the place so i dont have all the proofs from few years back, i had to call my bank and ask for all my statements back, as well from all credit cards... i have the lease, i have tax returns, i have the passport and letter from my previous employer. what else ?!

so he didn't gave me a denial but he said they cant get a decision and to send the documents.

do you know if that is just a trick or what is going on?!
do you guys know of any situation that after submitting the doc's that someone actually got approved?

should i worry? i am actually and very disappointed!

and another question, when submitting the application, i mention the trips and send copy of the permit they gave me as well. this important detail was in the application so if the law is the way the officer said, how come the USCIS process my application, deposit the check and let me continue with the process?! they should review it and make sure you qualify to continue no?!
if that the law, and I'm "not qualified" yet , they should have told me that in march when i submitted the application.

i would love to hear from any one who is familiar or know of any situation like mine (or similar). or if you have any suggestions for me here...

please try to though ideas of what other documents should i provide (beside tax, bank statment, credit cards, bills ...) any other ?!

thank you all...

First calm down your will your citizenship. From what I understand the issue you have is:

When you are greencard holder, and you apply for re-entry permit, you can be outside of the US for two years, but there are consequences for your continious residence.

If a greencard holder is away from the US less than six months, that does not distrupt the continious residence requirement.
If the absense is over 6 months and less than a year, the continious residence is distrupted but not cancellled. For example, in your situation you were required to file after 5 years+10.5 months to make up the the time out of the country.
USCIS officers however have discretionary authority to consider if the applicant has documentation to prove that they had strong ties to US while outside of the US. for example, a lease...
If the applicant is out of the US over a year, then all the years spent in the US do not count. Upon return the greencard holder is credited one year, and starts from there...


In your situation the officer is right. He was trying to help you. the 10.5 month is a problem and the officer needs some documentation to put in the record. You and your lawyer have not understood that the 10.5 is a problem that need to be addressed.

In any case, you will need to provide documentation that you maintained a continious residence while you where out of the US. Good luck

 

[neway]

First calm down your will your citizenship. From what I understand the issue you have is:

When you are greencard holder, and you apply for re-entry permit, you can be outside of the US for two years, but there are consequences for your continious residence.

If a greencard holder is away from the US less than six months, that does not distrupt the continious residence requirement.
If the absense is over 6 months and less than a year, the continious residence is distrupted but not cancellled. For example, in your situation you were required to file after 5 years+10.5 months to make up the the time out of the country.
USCIS officers however have discretionary authority to consider if the applicant has documentation to prove that they had strong ties to US while outside of the US. for example, a lease...
If the applicant is out of the US over a year, then all the years spent in the US do not count. Upon return the greencard holder is credited one year, and starts from there...


In your situation the officer is right. He was trying to help you. the 10.5 month is a problem and the officer needs some documentation to put in the record. You and your lawyer have not understood that the 10.5 is a problem that need to be addressed.

In any case, you will need to provide documentation that you maintained a continious residence while you where out of the US. Good luck

thanks fasal for your quick reply

let me just try to understand then.... if the officer is right, and i provide now the documents (such as lease, letter from my boss back then and now, letter from my landlord back then as well , bank statements, credit cards, show driver license from back then.... ) then it should be enough for him to approve me?

i told the IO during the interview and even before i left when i asked what kind of documents he want me to send... i told him but i have it all here, i can show u now - but he didn't even want to look at it... he just say, send it all organized and that it.

i hope that after this documents i will get the approval.

by the way, how long does it take them to process it after he get the documents? do you know?

 

[BigJoe5]

neway,

Ignore the misinformation in post #2.

IF on the date you filed your N-400, the 10 1/2 month trip was outside the prior 3 year statutory period the officer can change your application over for consideration under INA 319(a) as the spouse of a USC. This is how the officer is trying to help you. In addition, if the long trip ended at least 2 years and 1 day before you filed your N-400, then you don't even have to overcome the presumption because you would have waited long enough to benefit from the remedy at 8 CFR 316.5(c)(1)(ii) which covers the break described in (i) also because (c) is the paragraph that is covered by it.

IF you insist on proceeding under INA 316(a) then you must overcome the rebuttable presumption that the 10 1/2 month trip did break your residence. The evidence to do that is covered in 8 CFR 316.5 (c)(1)(i)(A)-(D) but note that it is stated as "not limited to" the evidence listed there.

In either case is it a matter of coming up with evidence that is required. Which way you proceed is dependent on the evidence you have.

Lastly, that lawyer is in competent. Please file EOIR-44 found at http://www.justice.gov/eoir/formslist.htm (You can submit it to USCIS also to Attn: Disciplinary Counsel, they may just "keep track" of that person for a while to see if anyone else complains.)

 

[faysal]

New way:
All dependents on him. Whether he/she will deny it or not, whether he will speed it or not....All you can do know is send the documentation; relax and wait for their response. Latey, they have been very fast..I can understand your concerns, but there is little you can do; but send the documents and wait...

 

[faysal]

neway,

Ignore the misinformation in post #2.

IF on the date you filed your N-400, the 10 1/2 month trip was outside the prior 3 year statutory period the officer can change your application over for consideration under INA 319(a) as the spouse of a USC. This is how the officer is trying to help you. In addition, if the long trip ended at least 2 years and 1 day before you filed your N-400, then you don't even have to overcome the presumption because you would have waited long enough to benefit from the remedy at 8 CFR 316.5(c)(1)(ii) which covers the break described in (i) also because (c) is the paragraph that is covered by it.

IF you insist on proceeding under INA 316(a) then you must overcome the rebuttable presumption that the 10 1/2 month trip did break your residence. The evidence to do that is covered in 8 CFR 316.5 (c)(1)(i)(A)-(D) but note that it is stated as "not limited to" the evidence listed there.

In either case is it a matter of coming up with evidence that is required. Which way you proceed is dependent on the evidence you have.

Lastly, that lawyer is in competent. Please file EOIR-44 found at http://www.justice.gov/eoir/formslist.htm (You can submit it to USCIS also to Attn: Disciplinary Counsel, they may just "keep track" of that person for a while to see if anyone else complains.)

BigJoe: If you are reffereing post #2 my post, then my analysis is based on if the applicant wants to proceed with the 5 year rule. Whether the officer can switch the application from 5 years based to 3 years, I have to idea. And your analysis in regards to it seems to me well reasoned. However, I think the reaso why the officer couldn't approve the application based on 5 years, I think it has to do with 10.5 months...continious residence...

 

[Jackolantern]

my attorney told me that they can't hold the time i was out side (the long trip) "against me" as they gave me the permission to leave with the permit. he also said, if it was more then a year then i stop the count but if its 6 month and up (as long as its less then a year) a person should have ask for the permit, which i did.

Ditch that stupid attorney. The reentry permit preserves your green card, it doesn't protect your continuous residence for naturalization purposes. If you take a trip of over 6 months, the interviewer will ask to see evidence of ties to the US during that trip, they don't care about your reentry permit.

my attorney said its not true and after u file for 1 thing, u cant go back and file for something else.

The lawyer is also wrong about switching to the 3-year marriage-based rule. If you qualified for it at the time you applied, you are allowed to switch if you are otherwise eligible.

 

[faysal]

neway,

Ignore the misinformation in post #2.

IF on the date you filed your N-400, the 10 1/2 month trip was outside the prior 3 year statutory period the officer can change your application over for consideration under INA 319(a) as the spouse of a USC. This is how the officer is trying to help you. In addition, if the long trip ended at least 2 years and 1 day before you filed your N-400, then you don't even have to overcome the presumption because you would have waited long enough to benefit from the remedy at 8 CFR 316.5(c)(1)(ii) which covers the break described in (i) also because (c) is the paragraph that is covered by it.

IF you insist on proceeding under INA 316(a) then you must overcome the rebuttable presumption that the 10 1/2 month trip did break your residence. The evidence to do that is covered in 8 CFR 316.5 (c)(1)(i)(A)-(D) but note that it is stated as "not limited to" the evidence listed there.

In either case is it a matter of coming up with evidence that is required. Which way you proceed is dependent on the evidence you have.

Lastly, that lawyer is in competent. Please file EOIR-44 found at http://www.justice.gov/eoir/formslist.htm (You can submit it to USCIS also to Attn: Disciplinary Counsel, they may just "keep track" of that person for a while to see if anyone else complains.)

Also bear in mind that the applicant filed his/her citizenship application based on 5 years, knowing he or she could have filed under the three years rule. It is not clear if the applicant wants to switching from 5 years to 3 years.

 

[neway]

WOW... it look like my attorney is really a stupid one!!!

so just to make it easier on you all to continue give me such great info i didn't know , here is my time line:

may 2006 - i got the GC
oct 2007 - i left the us for the long trip
sept 2008 - i was back for 2 weeks , and then i left again for the shorter trip almost 6 month
march 2009 - i was back to the us
i had few other trips before the long one and after the 2009 but they all much shorter...
march 2011 - i filed for the citizenship
june 2011 - was my interview

so now what?! what is better for me then?!

my husband is also taking care of his grandmom from the last 6 month so he basically in other state more then here... but we are still married and all good.

i didn't file for the 3 years as all of our proof's from before we moved state was thrown a way... and currently my husband is a way for 6 month (not like i was out of the country, he is just in a different state so i didn't want to file for the 3 years without being able to provide the proof they will ask for...)
all my taxes when i filed are married (the 1st 3 years were filing together, the last 3 were marriend filing separately).
i do have ton's of proof from the time we moved state (car, all kind of bills together ...) i just didnt have from the few years before as mention above why...

 

[hmz]

Post #2 is correct. The continious residence requirement wasn't met.

The travel document is only good to keep the LPR status in good standing, but that doesn't count towards the naturalization requirements.

 

[BigJoe5]

Post #2 is correct. The continious residence requirement wasn't met.

The travel document is only good to keep the LPR status in good standing, but that doesn't count towards the naturalization requirements.

No, post #2 told OP that she had to wait 5 years plus 10.5 months.

 

[faysal]

No, post #2 told OP that she had to wait 5 years plus 10.5 months.

Mr. Jogjoe: I find your posts not really helpful. You make your language very complicated and fail to grasp the little details.

What I said is: The applicant is supposed to file their application after 5 years+ time of out the country which is 10.5 months; that is the rule. That is way the officer is demanding proof. He/she is trying to fix that whole.....before you call anyone's post a farce, just present your opinion and leave it that way

 

[sanjoseaug20]

To the applicant: You not only have a 10.5 month trip, you returned for 2 weeks and then went on another 6 months trip. In essence, you were away for 17 months, and the 2 week return seems to be taken only not to breach the 1 year mark. That's how I will read it if I want to act like the IO. It is also relevant that time to see where your family was. If your husband was with you and not staying in US, it is even harder to explain that "you maintained residence".

You can take the 3 year option the IO offered and meet the evidence requirement for that.
Or You can try to push this case through the 5 year option and provide solid evidence of you retaining residential ties with US when you were clearly out for 17 months.
Or you can re-file under 5 years when this trip is out of the calculations.
Or you can file under 4 year 1 day rule after this 10.5 month (or 17 month) trip ended.
It is your choice, and you best know the evidence requirement of each option ...

 

[sanjoseaug20]

I agree with Joe that the officer was trying to be helpful ... without knowing about the husband traveling and away, that will be a suggestion even I will make.

 

[neway]

i was reading here in other threads about the continuance residency and it look like every one who had long trips are asked to provide more documents...

it look like it 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.

is that true ?! or do i really have a chance by providing the documents for an actually approval?!

my husband was still here during the time i had out side , i had a lease, i will get letter from my landlord , i have letter from my boss that even when i was a way, i was representing his firm and they actually save my spot in the office, just waiting for me to be back , i kept my bank account, my credit cards , i filed taxes ...

what do u think are my chances?!

 

[BigJoe5]

Mr. Jogjoe: I find your posts not really helpful. You make your language very complicated and fail to grasp the little details.

What I said is: The applicant is supposed to file their application after 5 years+ time of out the country which is 10.5 months; that is the rule. That is way the officer is demanding proof. He/she is trying to fix that whole.....before you call anyone's post a farce, just present your opinion and leave it that way

Please cite this "rule" that you are relying on.

 

[BigJoe5]

i was reading here in other threads about the continuance residency and it look like every one who had long trips are asked to provide more documents...

it look like it 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.

is that true ?! or do i really have a chance by providing the documents for an actually approval?!

my husband was still here during the time i had out side , i had a lease, i will get letter from my landlord , i have letter from my boss that even when i was a way, i was representing his firm and they actually save my spot in the office, just waiting for me to be back , i kept my bank account, my credit cards , i filed taxes ...

what do u think are my chances?!

Please evaluate your situation and available evidence against the actual regulation that will control the outcome of the case. [Assuming tat this is your only eligibility issue.]

8 CFR 316.5

(c) Disruption of continuity of residence —

(1) Absence from the United States —

(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence................


Remember that (c) is the "paragraph" that is being referenced.

 

[faysal]

Please cite this "rule" that you are relying on.

You don't need to dig deep: It is on the surface on the USCIS.gov
It reads like this:"Continuous Residence

Applicants are required to show that they have:

Resided continuously in the U.S. for five years before applying, (see legal basis), or
Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens, (see legal basis)
“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis)
Absences in excess of one year or more may disrupt an applicant’s continuous residence, (see legal basis)".

Here is the link:http://www.uscis.gov/portal/site/us...nnel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

 

[Bobsmyth]

do you know if that is just a trick or what is going on?!

How long have you been married and how long has your husband been a USC?


If the IO changed you over to 3 year rule he would have asked you for evidence of marital union at the interview.

Did the IO only request proof of your residency dating back to 2006?

 

[Bobsmyth]

If the absense is over 6 months and less than a year, the continious residence is distrupted but not cancellled.

For such trips, continuous residence is presumed broken unless the applicant can prove otherwise. "Cancelled" is not correct terminology.

In your situation the officer is right. He was trying to help you. the 10.5 month is a problem and the officer needs some documentation to put in the record.

The OP stated the IO was asking for a marriage certificate. When asked why the need of a marriage certificate the IO replied that he was trying to help since it would be easier by marriage (ie 3 year rule).
If the IO was trying to help out by allowing the OP to prove continuous ties for the 10.5 month trip as you claim he was, it wouldn't have made sense for the IO to say it's easier to get it by marriage.
From the OP's description, the IO was helping out by changing the OP over to 3 year rule, not by allowing OP to prove continuous residency for the 10.5 month trip as you claim.