Proof of continuous residency

V

venushaa

Registered Users (C)
GC: May 2001
N400 filed: 2/17/06
Interview 6/12/06 - Seattle

I was in India working for 11 months. During the interview the officer asked 4-5 questions which I answered correctly. He asked me to read and write a sentence. Then he asked me about my absence. I exaplined him and pointed out that I have maintained bank accounts and filed taxes. I had attached these documents with N-400. But still he gave me a letter asking me to proove my residency. He has given me a month to send any evidences.

What are my chances of getting this approved? What are the documents that I need to send? I have the following

1. Maintained Bank account
2. Maintained Contact US address
3. Maintained Driver's license
4. Maintained Tax files
5. Maintained Credit card

Has anybody gone through this? I am surprised why they didn't ask me to prove before even calling me for interview?
 
Hi there!

This does not surprise me. You applied during your first five years as LPR and have an absence of 11 months on the record. Did you get a Reentry Permit before you left for India? Overseas employment without either a valid Reentry Permit or an approved N-470 seems to be a problem from what I have read.

The way I see it, with the 11-month absence you seem to have clearly broken the statutory continuous residency requirment.

I am sure one of the more knowledgeable folks will chip in soon.

Best of luck!

Cheers,
Legal
 
I am not 100% sure....................

You were not eligible to apply for USC in Feb 2006 since you have been out of this country more than 6 months at a stretch. Your 5 year statutory time was reset when you entered US after a long absence. You need to wait until 5yrs-3 months from the day you entered into US after 11 months of absence.
 
"absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period"

My wife was out for 8 months and her application went through. She is taking oath soon.
 
you should be ok if...

Problem no 1 is that you worked in India. Was that a US based company or at least an international organization of which US is part? You are not supposed to seek employment while abroad.
2. Even if you were absent more than 11 months, they would accept your application if you are able to demonstrate the intention to keep the residency in US.
3. In case that your application will be rejected you can apply after 4 years and one day after you return to US (last time).

I was also out of US for more than 11 months (but under one year) and it was ok (given the above conditions).
Good luck!
 
extraterra said:
Problem no
1 is that you worked in India. Was that a US based company or at least an international organization of which US is part? You are not supposed to seek employment while abroad.
depends on the situation,i have not heard of a rule which objects u.s p.r's from working outside!
2. Even if you were absent more than 11 months, they would accept your application if you are able to demonstrate the intention to keep the residency in US.
right,the provisions in the law>>thts the reason u have been asked for additional documents
3. In case that your application will be rejected you can apply after 4 years and one day after you return to US (last time).

I was also out of US for more than 11 months (but under one year) and it was ok (given the above conditions).
can u shed more light on this plz,this would help a lot of people.
Good luck!
Click to expand...
 
How about if a person who is employed with a US company in US has been sent to India on a temporary work assignment (for say 10 months) ? Is that a problem when applying for US citizenship? Also could there be a problem in US citizenship for this person's spouse if he/she works for an Indian or US based MNC in India as an Indian employee?
 
1. Problem no 1 is that you worked in India. Was that a US based company or at least an international organization of which US is part? You are not supposed to seek employment while abroad.

The company has a global presence with many offices in the US. I was executing a project for a US client and I returned to US more than a year back.
 
I talked to my lawyer on this. I was in india for 2 years working for msft. Although, I made trips back every 6 months. She said since I had filed for reentry permit and it was a US company I should be fine.
 
Also, did you show your interviewer all these things that you are talking about. What was his/her reaction to it.
 
I had attached Tax returns, bank statements and trading account statements with N400. The officer said I need to show more. He said the things like
1. Had a vehicle/house in US
2. Show that the company has offices in US
3. Family was in US while I was in India.
4. And any other info that can help prove my intention of maintaining the residence in US
I am not sure if a good attorney can help in this case.
 
I think I will be in the same situation. I have made 3 trips within 6 months, but have worked outside US, but for a company which is primarily based in US. I can furnish the following.
1. proof that company has office in US (actually it has headquarters in US)
2. Re-entry permit
3. Just before filing, to fultil 3months physical residency in a state, I have worked in the US branch of my company for about 4 months
4. Driver's license
5. Address correspondence in US
6. IRA contributions still in US
7. Bank/credit card statements

Question: DO I have to send all this information along with my application or should I wait until the interview to furnish the details when asked?
 
I thought if you have never been outside US for more than 6 months then you fill continuous residency requirement. Besides, re-entry permit strongly reinforces that intention.

I am not planning to attach all the tax documents etc since it unnecessarily brings attention to the issue.

Let us know if you get more information on this.

bpc said:
I think I will be in the same situation. I have made 3 trips within 6 months, but have worked outside US, but for a company which is primarily based in US. I can furnish the following.
1. proof that company has office in US (actually it has headquarters in US)
2. Re-entry permit
3. Just before filing, to fultil 3months physical residency in a state, I have worked in the US branch of my company for about 4 months
4. Driver's license
5. Address correspondence in US
6. IRA contributions still in US
7. Bank/credit card statements

Question: DO I have to send all this information along with my application or should I wait until the interview to furnish the details when asked?
Click to expand...
 
Anami,
Were you working in Microsoft in India as an Indian employee or US employee? In other words, were you paid in US dollars or Indian rupees?

query11,
My situation is as follows:
I am going on a temporary work assignment in India (as a US employee being paid in US dollars) in 2 trips (each trip being around 5 months) with a stay in US (around 4 weeks) between those 2 trips. So technically I should fulfill the continuous residency requirements.
1. Is it correct that I could still be asked to prove my ties to US?
2. Is there any drawback in applying for Rentry Permit even though each of my trips would be less than 6 months?

However my spouse is not currently working in US and is planning to temporarily work in India during our temporary stay in India. She is definitely planning to quit her job before we permanently return to US after completing my temporary assignment.
1. Does working in India on a temporary basis indicate her intention to break ties with US?
2. Is quitting her job in India not a strong proof that she always wanted to maintain strong ties with US?
3. Would it help if she works in India for a US based MNC?
4. Is there any legal requirement that a Permanent Resident (Green Card) cannot work outside US as a non-US employee since that would amount to abandoning his/her US permanent resident status?
 
I have a similar situation, but i have been coming back to usa within every 6 months for the last 20 months or so. myelf and my wife had an interview on may 24 and were questionned about our absence. honestly i think it really depends on the officer and her mood/comprehension of the case. in my case, I was out within 10 minutes with no further documents required, though was told that FBI check was pending, so i was told that i will be informed of the case. my wife who had travelled with me with the same frequency, had a very bumpy start with the officer. She was asked to produce the tax returns transcripts which we didnt have and had to turn that in with in a month. my wife's officer started accusing her of breaking the status etc... and my wife had to really "calm" her down. the issue was the same i.e prorof that we were maintaing the status... the good thing is that we were only asked to produce tax transcripts.... and based on that we are realy hoping that there wont be any further interview and decision will be made.

Now in your case i think its a bit tricky as the officer was not specific. The strongest thing that you can produce is things like your house/mortgage, stock and any other investment in usa, if your kids are in usa.. or if you have a job based in USA or working for a usa company paying taxes. also, working abroad but filing foreign income and filing as resident in state taxes also helps. .. Even though you might have all of the above, it really depends on the officer....from this point onwards. Really, you havent broken any rule i.e you wwere back within 12 months, its the perception that you need to change i.e. proof that you had ties with usa... thats all. good luck!
 
Last edited by a moderator:
coolguy446 said:
Anami,
Were you working in Microsoft in India as an Indian employee or US employee? In other words, were you paid in US dollars or Indian rupees?

As an indian employee. But the reentry permit filed by msft clearly stated that it was a temporary assignment in india after which I would be back in the US. Besides, no trip of mine was > 5 months.

I would really advise you to file reentry permit and n470 if possible.
query11,
My situation is as follows:
I am going on a temporary work assignment in India (as a US employee being paid in US dollars) in 2 trips (each trip being around 5 months) with a stay in US (around 4 weeks) between those 2 trips. So technically I should fulfill the continuous residency requirements.
1. Is it correct that I could still be asked to prove my ties to US?
2. Is there any drawback in applying for Rentry Permit even though each of my trips would be less than 6 months?

However my spouse is not currently working in US and is planning to temporarily work in India during our temporary stay in India. She is definitely planning to quit her job before we permanently return to US after completing my temporary assignment.
1. Does working in India on a temporary basis indicate her intention to break ties with US?
2. Is quitting her job in India not a strong proof that she always wanted to maintain strong ties with US?
3. Would it help if she works in India for a US based MNC?
4. Is there any legal requirement that a Permanent Resident (Green Card) cannot work outside US as a non-US employee since that would amount to abandoning his/her US permanent resident status?
Click to expand...
 
Last edited by a moderator:
Hi,
Did you attach any proof of continuous residency like tax receipt, reentry permit, credit card, utility bills etc to your n400 application?
I am in two minds whether to attach all of this stuff and bring attention to the fact that I was working outside US eventhough legally I have maintained continuous residence based on 6 month rule, so it should not be required.
Thanks
Anami

Xavier Rocoplan said:
I have a similar situation, but i have been coming back to usa within every 6 months for the last 20 months or so. myelf and my wife had an interview on may 24 and were questionned about our absence. honestly i think it really depends on the officer and her mood/comprehension of the case. in my case, I was out within 10 minutes with no further documents required, though was told that FBI check was pending, so i was told that i will be informed of the case. my wife who had travelled with me with the same frequency, had a very bumpy start with the officer. She was asked to produce the tax returns transcripts which we didnt have and had to turn that in with in a month. my wife's officer started accusing her of breaking the status etc... and my wife had to really "calm" her down. the issue was the same i.e prorof that we were maintaing the status... the good thing is that we were only asked to produce tax transcripts.... and based on that we are realy hoping that there wont be any further interview and decision will be made.

Now in your case i think its a bit tricky as the officer was not specific. The strongest thing that you can produce is things like your house/mortgage, stock and any other investment in usa, if your kids are in usa.. or if you have a job based in USA or working for a usa company paying taxes. also, working abroad but filing foreign income and filing as resident in state taxes also helps. .. Even though you might have all of the above, it really depends on the officer....from this point onwards. Really, you havent broken any rule i.e you wwere back within 12 months, its the perception that you need to change i.e. proof that you had ties with usa... thats all. good luck!
Click to expand...
 
Anami said:
Hi,
Did you attach any proof of continuous residency like tax receipt, reentry permit, credit card, utility bills etc to your n400 application?
I am in two minds whether to attach all of this stuff and bring attention to the fact that I was working outside US eventhough legally I have maintained continuous residence based on 6 month rule, so it should not be required.
Thanks
Anami
Click to expand...


anami,
are u talking of 470 or re-entry permit...plz be careful asz there is a lot of difference between the 2...u wil not be eligible through rep....470 is the right way...
i even forgot the name of the form 470,something like tht...i dont see any reason why u need to think twice as long as it is 470....
 
venushaa said:
1. Problem no 1 is that you worked in India. Was that a US based company or at least an international organization of which US is part? You are not supposed to seek employment while abroad.

The company has a global presence with many offices in the US. I was executing a project for a US client and I returned to US more than a year back.
Click to expand...

this is something new to me...i dont know much about this but what kind of a problem would a pr have if he works outside eespeceially if he is a indian citizen and he works in india...i have seen tons of ppl work outside as long as they pay the taxes i dont see any problem???only thing is delays in citizenship as it breaks continuos residency..
i dont know the rules wrt this...so plz enlighten me about the law...not general equation>>>
 
You must log in or register to reply here.
Top