Out 10 Months--Will Online College Help My Case?

beedgee

Registered Users (C)
Hey there!
Thanks in advance for taking the time to read this (apologies for the wall of text)!
Now, my case seems to be a bit tricky:

When I was a Junior in high school, my dad bailed on us and left my mom and me with no income. She managed to sustain us on money she had saved in Brazil until I graduated high school (May 2012).
I was an honor roll student, so I got a full ride scholarship to my state university and, because of our financial situation, a full Pell Grant, so college for me is basically free.
However, there was absolutely no way we could stay in the country. Her funds were depleted. My brother was working at Target at the time and his girlfriend was pregnant. My mom doesn't speak English and I wouldn't be able to balance a full-time, minimum wage job and be a full-time student.
Since I didn't want to turn my back on my education (I knew I'd never be able to get into a Brazilian university as I can just barely read/write in Portuguese), I found out my school had an online college program and transferred to it. When I went to Brazil, I continued studying at my university, but online.

We were planning on somehow scraping money together and returning once a year for a month or two, hopeful that, by the time I received my degree, either I would have secured a job in the US or that my brother's financial situation would have gotten better.
Unfortunately, when we made our first trip back (June 2013--after almost 10 months in Brazil), the immigration officer threatened to take our green cards away, saying that if we do so again, it would have become clear that we abandoned our intent to reside in the US.
We immediately filed for a Re-Entry Permits, but I just found out that, if I am able to prove to USCIS that I never abandoned my residency, I could actually gain my US citizenship.

Here's my timeline (I'm now 19):
-Born in Brazil
-Came to US when I was 6, returned to Brazil when I was 8.
-Returned to the US at 11.
-Received green card at 13 (March 2008).
-Left US at 18 (September 2012)
-Returned June 2013 (almost 10 months out of the country).

Some extra facts:
-My grandmother who lives in Brazil has Alzheimer's and a few months after we arrived, my grandfather's heart condition worsened; they are now both completely dependent on others. Luckily for them, while my mom was there, she was able to take care of them (she'd spend about 8 hours Mon-Sat with them). My mom will NOT be applying for citizenship as she has to return to Brazil ASAP to continue taking care of them.
-While there, I found out I had a rare neuro-muscular disease called Myasthenia Gravis. I had to go to the doctor several times for him to monitor my progress.
-My mom did not file a tax return for 2012 because our income, both in Brazil and in the US, totaled $0.
-We always kept our addresses updated to wherever my brother was living.
-I have a car, but it's in my dad's name.
-I kept a semi-active bank account while in Brazil. I also have Netflix and Hulu Plus.
-Our tickets to Brazil were roundtrip.
-I will be staying with my brother and his family while I apply, as he's found a better job. However, I will have to go back to Brazil either with a Re-Entry Permit or (hopefully) US citizenship in hand.

Question time:
1) Do you believe there's a good chance that I'll get my citizenship? If so, what documents should I submit to prove my continuous residency?
2) Do my grandparents' condition or my disease help my case at all?
3) Should I try to not bring up any of these topics?

If you have any suggestions/comments to add, please feel free to do so. Again, thank you so much!
 
1) Do you believe there's a good chance that I'll get my citizenship?
Once you've taken a trip of over 6 months within the statutory period (in your case the past 5 years), and it's not a trip that qualifies for special consideration (e.g. military service or other work with an approved N-470), your chances of approval are not "good". However your case might be good enough to have a realistic hope of success.

If you resume classes on the US campus of your university, that combined with your online studies should help your case.

My mom doesn't speak English and I wouldn't be able to balance a full-time, minimum wage job and be a full-time student.
But can you balance a full-time minimum wage job and be a part time student? Or would attending part time cause you to lose you scholarship?
 
If you resume classes on the US campus of your university, that combined with your online studies should help your case.
I did consider that, but my brother would prefer if I continued studying online. This way, I'd always be home and could keep an eye on my niece (10 months old), so that his girlfriend could go back to working. She's only working twice a week and they would appreciate the extra income.
Is there anything else I could do? Get a gym membership or car insurance? Take one class at a community college?

But can you balance a full-time minimum wage job and be a part time student? Or would attending part time cause you to lose you scholarship?
Yeah, I would lose the scholarship. I have to be a full time student with at least a 3.0.
 
Are you going to stay in the US for the entire 3-6 months of the naturalization process? If yes, can you wait another 2-3 months before applying? They seem to be harsher on people who apply for citizenship very soon after returning from a long trip abroad, as it looks like the trip was the first step of a permanent relocation abroad. If you stay a few months in the US after the long trip, it creates a better impression of having ties to the US.

For the interview, bring your university transcript, documentation of your scholarship, records of your grandparents' illnesses, your own illness, and a few bank statements (if it's a US bank account) from some of the months in that 10-month trip, and hope for the best.
 
Alright, I'll wait two months before I send in my application. Thanks for the tip!

One last question: do you think that having a Re-Entry Permit could make my case any worse? I applied for the I-131 as soon as I got back.
 
Not long ago I faced the possibility of being in a similar situation like yours. Due to financial problems I was not sure if I would be able to stay in the US and I might have had to return to Brazil which I knew would screw up my continuous residence and very likely my status as a permanent resident. Thankfully things got a bit better and I was able to save up some money to apply for citizenship so at least I got that covered.

What kind of degree are you pursuing? I am asking this because, depending on your major, there are classes that you won't be able to take online so you can always make the case you have the intention of staying in the US simply because you are majoring in a field that will eventually require you to take classes on campus. Makes sense?

It might also be a good idea to get a credit card and buy something with it and slowly pay off the debt with funds you have in an American bank. I think that shows you are anchoring your foot here.

I think you also need to keep in mind applying for citizenship can take some time depending on each case. Having to return to Brazil during the process would be a serious problem.


Joining a group or association might also be helpful.


I really hope you find a way to get your degree and keep your GC.
 
What kind of degree are you pursuing? I am asking this because, depending on your major, there are classes that you won't be able to take online so you can always make the case you have the intention of staying in the US simply because you are majoring in a field that will eventually require you to take classes on campus. Makes sense?

That's a brilliant idea! I'm pursuing an Electrical Engineering degree. My online college is actually just now offering this degree online--it'll start for the first time this fall, so there are very few required classes available. Because of this, there actually is a possibility that I'll have to take at least a few classes on campus.

It might also be a good idea to get a credit card and buy something with it and slowly pay off the debt with funds you have in an American bank. I think that shows you are anchoring your foot here.
Alright! I'll start looking into credit cards with low interest rates.

I think you also need to keep in mind applying for citizenship can take some time depending on each case. Having to return to Brazil during the process would be a serious problem.
No worries. I'll be staying in the US with my brother throughout the entire process. I've also decided to follow Jackolantern's advice and am also going to wait 2 months before sending in my application.


I'd really like to thank both you and Jackolantern for all the help and advice you two have given me! I truly think you've significantly raised my chances of getting my citizenship!
 
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