Q4 (OCT-DEC) 2008 N400 Filers Tracker

Reposting my timeline from different forum LA-DO

Hello I had my interview on 3/06/09 in downtown LA.
I was given F n-652 with a decsion connot be made yet! I passed the civic part of the interview which was the longest interview of my life..I was interviewed for about 2hrs.. and the AO asked me to bring back certified arrest reports from LAPD ..and as soon as she recieved them she said she would request for an aproval from her supervisor. (During the interview she went to talk to her supervisor several times..and then came back and told me that he reviewed my case and said she would sign off on my app and he would approve it).
she also said she would try to schedule me for the April 9th Oath ceremony.
03/16/09 LAPD sent certified police report.... that stated that there is no police report on record because its to old..from a Dui in 1997
I also didnt bring my proof of registration with the selective services.(which I didnt know I had to bring with me)
on 04/16 I had an info pass appointment to find out if eveything was okay ...and the supervisor(kinda rude) told me that I had just been interviewd on 3/6 and that she couldnt look at my case at this time and that I need to give it more time..she also took a copy of my registration for the selective services form.
This has made me very nervous and anxious......

I also requested a name change on my n400 app and during my interview the AO officer had me sign 3 forms with my old name and with my new name, could that be holding me from being approved and given an oath date???????
Any advice.

my timeline
11/05/08 SENT N400
11/17/08 PD
12/12/08 FP
12/12/08 FP RECIEVED BY USCIS
03/06/09 INTERVIEW
04/16/09 INFO PASS INT
OL ??????????
PP????????????
 
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DoxATL said:
Immigrant7777, I just noticed on your timeline that you got the interview letter and you got interviewed less that 2 weeks after. Is that correct? :eek:
Click to expand...

Correct, my interview was scheduled less than 2 weeks when I received letter. However somehow letter arrived to me in 1 week. So total was 3 weeks.
 
moeykang said:
I just got back...
The appointment was at 9:30... Interview started at 9:15...
Went through the application and was smooth sailing... UNTIL...
The IO wanted proof that I did not break continuous residence...
I had misplaced my re-entry permit... and the IO basically said, I will need to give proof that I did not abandon my residency...
Not quite sure what to do, since I was a full time student and did not file any tax during the time I was away from the country... Not sure what will be sufficient proof that I did not abandon residency...

Other than that, the IO was nice... I guess it's back to the drawing board...

My big complaint is, if I apply for the re-entry permit through USCIS, shouldn't they have it on file that I had a re-entry permit...
Click to expand...

Re-entry permit is not proof of continuous residency for N-400 purposes and isn't going to help you here. It's proof that you did not abandon your greencard and had every intention of coming back.

From the experience of others on the board, IOs have at least in the past been approving folks who have been studying aboard.... But then again, there's nothing that says they have to. It's discretionary and they are within their rights to deny you for breaking continuous residency if you were outside the US for over 6 months. (I sympathize. I also got an anal retentive interviewer last time.)

Other than paying of US taxes, some other evidence of continuous residency I can think of off hand: (1) your immediate family members (parents, wife, children, etc.) remained in the US while you were abroad (I think this one and the paying of US taxes is actually in the USCIS manual or policies); (2) your parents who reside in the US paid your tuition; (3) you maintained US house (mortgage payments), car, bank accounts, credit cards; and (4) you came back to the US during vacations. Also, provide proof that you were enrolled full time at the university aboard (i.e., proof that you weren't working).
 
Recieved form N-445

I Just recieved my oath letter for may 14th at 9am
Thanks for everybodys comments.

_________________________________
my timeline LA DO
11/05/08 SENT N400
11/17/08 PD
12/12/08 FP
12/12/08 FP RECIEVED BY USCIS
3/06/09 INTERVIEW
04/16/09 INFO PASS INT
05/06/09 RECIEVED OATH LETTER
05/14/09 OATH CEREMONY
PP????????????
 
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sh1996 said:
Other than paying of US taxes, some other evidence of continuous residency I can think of off hand: (1) your immediate family members (parents, wife, children, etc.) remained in the US while you were abroad (I think this one and the paying of US taxes is actually in the USCIS manual or policies); (2) your parents who reside in the US paid your tuition; (3) you maintained US house (mortgage payments), car, bank accounts, credit cards; and (4) you came back to the US during vacations. Also, provide proof that you were enrolled full time at the university aboard (i.e., proof that you weren't working).
Click to expand...

In my case...

1. My immediate family were all living outside of the country... My parents were non-profit workers living out of the country... and I just realized that they had not been paying tax at the time I was out of the country...
2. Parents resided outside US
3. Hard to believe, but I had none of those in 2003 which is the year of problem
4. I have asked the university to write a letter saying that I was a student enrolled at college there from mar 2000 - feb 2004...

I have also asked the non-profit that sponsored my family write a letter of endorsement for sending me to university abroad...

Hope all things will work... I have an infopass next Wednesday, so praying and hoping
 
moeykang said:
In my case...

1. My immediate family were all living outside of the country... My parents were non-profit workers living out of the country... and I just realized that they had not been paying tax at the time I was out of the country...
2. Parents resided outside US
3. Hard to believe, but I had none of those in 2003 which is the year of problem
4. I have asked the university to write a letter saying that I was a student enrolled at college there from mar 2000 - feb 2004...

I have also asked the non-profit that sponsored my family write a letter of endorsement for sending me to university abroad...

Hope all things will work... I have an infopass next Wednesday, so praying and hoping
Click to expand...

When did you move back after you graduated? If you moved back February 2004 or even a few months after that and you applied in October 2008, that was well over 4 years + 1 day.... Without more information, it looks like you should get approved either way. Either you didn't break continous residency (and you get approved) or you broke continous residency but applied after 4 years + 1 day (and you get approved assuming you have actually had greencard for over five years).

"4 year + 1 day rule" in 8 CFR s. 316.5(c)(ii): http://law.justia.com/us/cfr/title08/8-1.0.1.3.68.0.1.5.html

There are some on the board, who'll tell you it doesn't apply if you can back every few months because the rule refers to absences of over 1 year. But there is USCIS policy (yes, not law) that extends the rule to absences of between 6 months and 1 year.
Appendix 74-13 of the Adjudicator's Field Manual: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d286150e2

Good luck.
 
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sh1996 said:
When did you move back after you graduated? If you moved back February 2004 or even a few months after that and you applied in October 2008, that was well over 4 years + 1 day.... Without more information, it looks like you should get approved either way. Either you didn't break continous residency (and you get approved) or you broke continous residency but applied after 4 years + 1 day (and you get approved assuming you have actually had greencard for over five years).

"4 year + 1 day rule" in 8 CFR s. 316.5(c)(ii):

There are some on the board, who'll tell you it doesn't apply if you can back every few months because the rule refers to absences of over 1 year. But there is USCIS policy (yes, not law) that extends the rule to absences of between 6 months and 1 year.
Appendix 74-13 of the Adjudicator's Field Manual:

Good luck.
Click to expand...

Thank you for your reply...

When I talked with the immigration officer her reply was

1. You broke continuous residence since you stayed out for the US for over three years and had yet completed five new years

2. I gave her a cover letter during the interview with the 4 years and 1 day rule (8 CFR s. 316.5(c)(ii):) She barely looked at it and said, "the four year and one day rule" is only applicable if I had continuous residence for five years.

Oh well... Right now I have a letter from the university that I stayed in a foreign university as a full time student.

I also have an infopass on Wednesday... So we'll see what will happen
 
Originally Posted by moeykang.
"2. I gave her a cover letter during the interview with the 4 years and 1 day rule (8 CFR s. 316.5(c)(ii) She barely looked at it and said, "the four year and one day rule" is only applicable if I had continuous residence for five years."


That may be correct based on their interpretation manual: http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=71603e0f3c738317f5b8cdc1e395b277

Specifically as quoted: (4) Permissible absence . The difficulty in determining when continuity of residence had been broken by absence was materially lessened by the Act of March 2, 1929, which, in its amended form, 23 / fixed the limits of permissible absence from the United States in terms substantially similar to those of the 1940 Act 24 / and the current statute.

Under those provisions, subject to statutory exceptions discussed hereinafter, 25 / a continuous absence of one year or more during the statutory period, after a voluntary departure from the United States, breaks the continuity of residence, notwithstanding that the absence thereafter becomes involuntary in character. 26 / When, however, departure from the United States is involuntary and the absence which follows is enforced against the alien, he is considered as never having left the United States, within the purview of the statute, and as never having interrupted continuous residence in the United States. 26a / ( Revised )

An alien who receives incomplete, misleading, or erroneous advice from a Government official whose duty it is to furnish full and accurate information on the subject matter involved, and in reliance upon such advice remains absent from the United States in excess of one year and also loses the opportunity for naturalization under a law regarding which he should have been, but was not, advised by the official, is held not bound by the normal consequences flowing from such absence, not to have thereby broken the continuity residence, and to have been constructively resident in the United States during all of the period of absence. 26b / ( Added )

The absence for a continuous period of one year or more which causes a break in the continuity of residence must be one that falls entirely within the statutory period. Continuity of residence or a break therein outside the statutory period is not relevant to the residence requirements for naturalization. ( Added )

Consider, for example, a lawful admission for permanent residence on June 1, 1953, a five-year statutory period extending from January 3, 1956, to January 3, 1961 (when the petition is filed), and a continuous absence from January 1, 1954, to January 1, 1957. While the petitioner has been absent continuously for three years, his absence during the statutory period has been for less than one year (i.e., January 3, 1956, to January 1, 1957). Consequently, no break in the continuity of residence has occurred, the petitioner's continuous residence is regarded as having begun on June 1, 1953, the date of his lawful admission for permanent residence, and he is eligible to file the petition on January 3, 1961.


On the other hand, assuming that the above petitioner had been continuously absent from January 1, 1954 to February 1, 1957, his absence during the statutory period would have been for more than one year (i.e., January 3, 1956, to February 1, 1957), the continuity of his residence would have been broken, and his continuous residence for naturalization purposes would be regarded as having begun on the date of his return, February 1, 1957. This does not mean, however, that the petitioner must accumulate a ful l five-year period of continuous residence beginning on February 1, 1957, before he can file his petition; rather, since he can be continuously absent for as much as 364 days during the statutory period without breaking the continuity of his residence, he may file the petition four years and one day following his return on February 1, 1957. Similarly, where the case is one involving a three-year statutory period, the petition may be filed two years and one day from the date of the reentry, after the extende d, breaching absence.

"rather, since he can be continuously absent for as much as 364 days during the statutory period without breaking the continuity of his residence, he may file the petition four years and one day following his return"

Well I guess that's the part you'll have to prove according to USCIS interpretation.

Best of luck and keep praying that helps a lot.
 
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PR81502 said:
Originally Posted by moeykang.
"2. I gave her a cover letter during the interview with the 4 years and 1 day rule (8 CFR s. 316.5(c)(ii) She barely looked at it and said, "the four year and one day rule" is only applicable if I had continuous residence for five years."

The absence for a continuous period of one year or more which causes a break in the continuity of residence must be one that falls entirely within the statutory period. Continuity of residence or a break therein outside the statutory period is not relevant to the residence requirements for naturalization. ( Added )

Consider, for example, a lawful admission for permanent residence on June 1, 1953, a five-year statutory period extending from January 3, 1956, to January 3, 1961 (when the petition is filed), and a continuous absence from January 1, 1954, to January 1, 1957. While the petitioner has been absent continuously for three years, his absence during the statutory period has been for less than one year (i.e., January 3, 1956, to January 1, 1957). Consequently, no break in the continuity of residence has occurred, the petitioner's continuous residence is regarded as having begun on June 1, 1953, the date of his lawful admission for permanent residence, and he is eligible to file the petition on January 3, 1961.


On the other hand, assuming that the above petitioner had been continuously absent from January 1, 1954 to February 1, 1957, his absence during the statutory period would have been for more than one year (i.e., January 3, 1956, to February 1, 1957), the continuity of his residence would have been broken, and his continuous residence for naturalization purposes would be regarded as having begun on the date of his return, February 1, 1957. This does not mean, however, that the petitioner must accumulate a ful l five-year period of continuous residence beginning on February 1, 1957, before he can file his petition; rather, since he can be continuously absent for as much as 364 days during the statutory period without breaking the continuity of his residence, he may file the petition four years and one day following his return on February 1, 1957. Similarly, where the case is one involving a three-year statutory period, the petition may be filed two years and one day from the date of the reentry, after the extende d, breaching absence.
Click to expand...

I must have reread this over ten times... I guess I will just have to fight it out with the IO... Infopass on Wednesday...

Reading it seems to tell me, that 4+1 has no bearing on whatever happened before the five year mark... correct? The dates that are in contention is the five years since the first priority date...

When we go in for the infopass, do we get to choose the IO?
 
moeykang said:
I must have reread this over ten times... I guess I will just have to fight it out with the IO... Infopass on Wednesday...

Reading it seems to tell me, that 4+1 has no bearing on whatever happened before the five year mark... correct? The dates that are in contention is the five years since the first priority date...

When we go in for the infopass, do we get to choose the IO?
Click to expand...

Based on your travel history and your PD: 10/28/08, if you go back 5 years to 10/28/03. You have to prove continuous residence from 10/28/03 to 6/2004 when you returned. Anything before has no bearing since your continuous residency resumed technically on 12/2003, but the IO will say you left again maybe 12/03 or 1/04. Basically you returned because your re-entry permit was expiring and got another RP. Your LPR status is preserved by RP but the CR is not. IO can ask for any evidence and are you sure you did not return the first RP to USCIS once it expires per the law?

My issue with the 4 years + 1 day it only mentions > 1 year absence. And therefore if you leave for > 6 months and they conclude you have broken your CR you have to wait 5 years minus 90 days makes no sense. The issue should be whether you have abandoned the LPR status(which is not your case) or you broke CR. Then in your case the 4 years plus 1 day should apply. You are being ask to prove CR when you broke it.

It seems they don't like complicated cases and wants to cover their behind. Since the law does not indicate what your options are if you break CR for trips >6 month < 1 year. That is where the loop hole is in the law. It needs to be closed.

Again looking at your case may be if you were back for good since 12/2003 there would have been no problem. If your last trip was more than one year(no more trips after 12/2003) may be they would not have given you any problem when you could claimed 4 years + 1 day(had you applied say 12/2007 or 1/2008). What excuse would they use to deny you? They are just using the loop hole. I guest the memo is not binding based on their actions.

If you can establish some ties things might work out.

God bless.
 
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I just sent in all the documents that I could find...

1. Letter from aunt saying I stayed with her and mortgage payments under her name
2. Letter from my family's sponsor who sent me to Korea to study to finish my studies and it was against my will
3. Letter from university that states I was a student during the time I was away from US
4. Transcripts from all universities

Hopefully this will work...
 
Here's my update.

moeykang said:
I just sent in all the documents that I could find...

1. Letter from aunt saying I stayed with her and mortgage payments under her name
2. Letter from my family's sponsor who sent me to Korea to study to finish my studies and it was against my will
3. Letter from university that states I was a student during the time I was away from US
4. Transcripts from all universities

Hopefully this will work...
Click to expand...

Well, I had my interview today it went okay except the lady IO wants more documents of proof of residence. Decision can't be made right now.

I sent bills, IRS transcipts 2003 to 2008, payment stubs and bills for 2005 to 2008 with my N-400. She gave me a list of things to mail within 30 days.

1. Utility bills
2. Lease/rental agreement or proof of mortgage
3. Medical records
4. Marriage certificate
5. Vehicle registration for all vehicles owned
6. DMV print out
7. Vehicle insurance
8. List of addresses where you have resided since 2003. Please indicate how long you have resided at each address and with whom you lived.
9. Bank statements
10. Social security statements
11. Any other proof of residence.

I gave her #4 and an affidavit of residence from my dad when I lived with him(2002-2005). For 2003 and 2004 she wants bank statements which the bank can't provide since they purged that out already from their system. I gave her letter from bank indicating when account was opened in 2003.

I am sending her copy of DL, W-2s for 2005-2008, # 10, bank transactions I have for 2003 and 2005. If the bank has to provide me with 2004 transactions it will cost $30.00/hour to retrieve from storage and that will take a few months. They can not give an estimated total cost to retrieve 2004 transactions from storage. So the only proof of residence for 2003-2004 I have is the information from bank account(no bills).

I guess to really comes down to the IO to decide if I showed enough proof of residence.
 
PR81502 said:
Well, I had my interview today it went okay except the lady IO wants more documents of proof of residence. Decision can't be made right now.

I guess to really comes down to the IO to decide if I showed enough proof of residence.
Click to expand...

Proof of residence for what purpose? I'm applying under 4 year + 1 day as well and consulted a lawyer before I did so. He said I needed to be able to document when I moved back and therefore started the 4 year + 1 day clock.... (I have a copy of my lease, so hopefully will not be asked to provide other evidence...which I have, but in storage.)
 
Updated Timeline

Updated timeline :
__________________
12/30/08 : N-400 Mailed to Nebraska Service Center.
01/02/09 : Forwarded to Phoenix, Arizona Lockbox.
01/05/09 : USPS (mail delivered).
01/10/09 : NOA Received.
01/21/09 : FP Notice Received.
01/29/09 : FP Completed.
02/17/09 : Interview Letter.
04/01/09 : Interview Date (Complete and Approved)
04/27/09 : Oath Letter.
05/27/09 : Oath Date. (Completed)
05/27/09 : PP applied for (standard)
xx/xx/xx : PP recieved
 
sh1996 said:
Proof of residence for what purpose? I'm applying under 4 year + 1 day as well and consulted a lawyer before I did so. He said I needed to be able to document when I moved back and therefore started the 4 year + 1 day clock.... (I have a copy of my lease, so hopefully will not be asked to provide other evidence...which I have, but in storage.)
Click to expand...

Well today I got a letter from the bank saying they don't provide statements for passbook saving accounts and the system only sustains information for a period of time.

I suspect USCIS will eventually approve my case with what I will be sending them. I don't want to have a long drawn out issue with them nor do I want to spend another $675.00 and wait 6-8 months again.

Please try to get as much proof as you can from the stuff I mention in my post. Go there with everything: Bank account statements, Credit cards, Storage info, affidavits, etc.

All the best.
 
Upd-Sep 08 Filers

Our citizenship journey is finally over. Thanks to this forum for all their support and information i have been a silent follower

NSC Des Moines
Mail date- 09/26/08
ND- 10/03/2008
FP Notice –10/10/08
FP –11/03/2008
Document Checklist Received dated-11/12/2008
Document Checklist Dated-11/08/2008
Case File review Doc Yellow letter- 12/16/2008
IL-01/05/2009
ID-02/24/2009 - Security clearance pending during the interview
Case Approved-03/11/09
OL-05/01/09
OD-05/29/09
Applied passport- 05/29/09
 
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