Prefiling jitters - Filing N400

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fams

Registered Users (C)
Hi,
I am planning to apply for citizenship , God-Willing, in November 2009 ,when I become eligible . My fear is , I have had to travel extensively to India in the past 2,3 years since my mom has had 4 surgeries during this time and I needed to be with her. I also put 2 of my 3 kids in school there temporarily since my husband could not cope with them here during my absences. I also put my teen in an American school in India since he would be coming back here once we got our citizenship and things settled down with my mom. I have leases over the 5 years in my name, utility bills, taxes filed.My oldest soon goes to school here. My husband is here. My dates of travel are as follow, no trip more than 6 months :

Left no.of days Returned
2/24/2009 103 6/7/2009
7/28/2008 171 1/15/2009
12/8/2007 179 6/6/2008
6/24/2007 121 10/23/2007
6/14/2006 75 8/28/2006
6/13/2005 103 9/24/2005

I would have completed 915 days of stay in the US since my GC in Feb 2, 2005

I will also be away while filing the application. That trip isnt indicated here.
Realistically, what are my chances of getting thru? I feel very little hope while going through the posts .
Please share your 2 cents with me
 
Phew! Since June 2005 you have spent >2 years out of the country. I believe this'll be a major stumbling block in your case unfortunately. A few other regular members of this forum will chime in shortly I'm sure. Good luck to you and I hope your mom is getting better.
 
fams said:
My dates of travel are as follow, no trip more than 6 months :

Left no.of days Returned
2/24/2009 103 6/7/2009
7/28/2008 171 1/15/2009
12/8/2007 179 6/6/2008
6/24/2007 121 10/23/2007
6/14/2006 75 8/28/2006
6/13/2005 103 9/24/2005

I would have completed 915 days of stay in the US since my GC in Feb 2, 2005

I will also be away while filing the application. That trip isnt indicated here.
Click to expand...

I tried to calculate your physical presence in the U.S. in terms of months based on the dates you listed above, since the time you received your green card in Feb 2005. Even giving you credit for partial months where you spent more than half the month in the U.S, I can only get to 26 months physically in the U.S.

There are three residency requirements to determine eligibility for naturalization.

1. 5 years of continuous physical residence - technically speaking, even if you keep your trips abroad to less than six months, if you have many of these trips as you do, IOs can and will consider you to have broken continuous residence - but you have a good reason for these trips and you have maintained ties to the U.S. during your absences, so you could make a case that you haven't broken continuous residence. It is not a strong case, but you could make one.

2. For naturalization based on five years of legal permanent residence, you have to spent at least half that time physically in the U.S. For five year applicants this means 30 months (half of 60 months). I may have made a mistake, but based on the dates listed, I cannot count 30 months in the U.S. for you since Feb 2005

3. District/State residence of 3 months prior to filing. Since you maintain a residence here, you could argue that you have met this requirement.

However, given the totality of your circumstances, I have to agree with you, I don't think your chances for qualifying for naturalization are very good given this residency pattern. The fact that you cannot meet the 30 month physical presence requirement, and the fact that your kids are in school in India would all suggest that you wait until you can establish more clearly that you are physically and permanently in the U.S. before you apply.
 
NewRunner said:
I tried to calculate your physical presence in the U.S. in terms of months based on the dates you listed above, since the time you received your green card in Feb 2005. Even giving you credit for partial months where you spent more than half the month in the U.S, I can only get to 26 months physically in the U.S.
Click to expand...
If the OP spends enough time in the US between now and applying in November, the physical presence requirement would be satisfied.
 
fams said:
Realistically, what are my chances of getting thru? I feel very little hope while going through the posts .
Please share your 2 cents with me
Click to expand...
I would estimate your chances at about 50/50.

Those long trips count against you, but what is good is that they aren't tightly back to back, as there is at least a month in the US, sometimes multiple months in between the trips. What looks bad is that you're planning to continue this traveling while you're in the process of applying for citizenship, and that in the past 2 years you've spent less than a total of 5 months in the US.

It is good that your husband and one child stayed in the US while you were away ... it's not so good that 2 of your children were away in India with you.
 
Jackolantern said:
If the OP spends enough time in the US between now and applying in November, the physical presence requirement would be satisfied.
Click to expand...

Correct, but it would be cutting it pretty close.

The OP also says she will not be in the U.S. during the application process. Depending on when she leaves, the physical presence requirement may not be met. Once she leaves, there is the strong likelihood of missing fingerprinting appointments and needing to reschedule them until she is back in the country.

You are right, her chances may be 50/50 (or slightly less) given some of these unknowns and logistical hassles. But she has a good reason for being away and she has continuously maintained strong ties to the U.S. with husband and son's continued residence here.

I am not sure that I could make a $675 bet with only 50/50 odds.
 
Please make sure that you stay in US starting from applying until the interview and oath are done. It may take upto 4 months. Meanwhile see if someone can take care of your mom.
You also need to show strong proof thet you didn' break the residence (lease, utility bills, etc and may be medical documents for your mom etc).

you can wait until next year (but you have to stay in US until then).
 
30 months out of 60 equals 913 days, right? He said he will have 915 days when he applies, so that technically satisfies the physical presence requirement? If he isn't found to have broken continuous residency, it'll work, no?
 
cafeconleche said:
30 months out of 60 equals 913 days, right? He said he will have 915 days when he applies, so that technically satisfies the physical presence requirement? If he isn't found to have broken continuous residency, it'll work, no?
Click to expand...

Not sure USCIS uses whatever calculation you are using to show that "30 months equals 913 days". But if you actually count the months the OP has been in the US since she received her green card, you don't get to 30 months. She could get to 30 months of physical presence if she doesn't travel outside the U.S. between now and November.
 
Yah, I meant that 30 months COULD be achieved. By the way, I got 913 days = 30 months by counting 365 days for 4 years and 366 days for one of them (since a leap-year has to be included in any 5 year period), which gives you 1826 days for 5 years, and 913 days for 2.5.
 
cafeconleche said:
Yah, I meant that 30 months COULD be achieved. By the way, I got 913 days = 30 months by counting 365 days for 4 years and 366 days for one of them (since a leap-year has to be included in any 5 year period), which gives you 1826 days for 5 years, and 913 days for 2.5.
Click to expand...

Ok, thanks for the explanation for the formula. The M-476 Guide to Naturalization uses 30 months. Perhaps you can equate the number of days in half a year to 30 months - the logic seems sound - but I am not sure if IOs actually do a count of months as opposed to days... I'll see if the AFM has any information about this...in any case, as Jackolantern posted, the OP has a 50/50 shot at best and I am not sure if I would make a $675 bet with those odds...
 
Well, I'm going to have to make such a bet in a few months time. I'm willing to take the chance. I just have to give it a shot.
 
My strong case points: !) My husband lives here. Hasnt travelled more than a couple of weeks at a time in the last 5 years.
2) one of my sons goes to school here.
3)One of my sons currently not in the US is already a citizen .
4)I was also working with American companies till last year. Was also doing work for them while in India.
5)Have all proof of residence for the last 5 years, including bank statements, utility bills.
6) All tax returns filed .
7)My son in India is also going temporarily to an American school since the intention was never to break residence ties here.
8) Have completed no. of required days .Not stayed for or more than 6 months at a time.

Weak points:
Extensive travel back to back .

So I believe God-Willing , I have an 8 to 1 chance and am going to go ahead with a positive attitude. Mine is a genuine case with nothing to hide. Thank you for all your inputs . Keep them coming
 
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