Questions and Questions and Your Answer Appreciated

[DocyBear]

I have a question about the continuous residence requirement.

I have gotten my GC back in Nov 2000 when I was 16yrs old, but my father who is a US citizen by birth has been working overseas in Singapore since more than 10 years ago (my mum has a GC too). Therefore, as a minor naturally I had to stay with my parents in Singapore after becoming a permanent resident of the states. I was having middle and pre-university education in Singapore between Nov 2000 and APR 2005, but I did visit the states every break I get from school while my parents did too to visit my grandmother and relatives here in the US. That is to say, I did absent from the states for more than 6 months but less than a year. And I never ran into any trouble with USCIS or officers at POE. My parents filed for 1040 and Tax return Exemption for Foreign Income each year and I have been claimed as a dependent from time to time depending on my father’s income status.

Before turning 21, which is the legal definition of becoming independent in Singapore, I returned to States permanently for university education and residence since APR 2005 and have since only taken a 26days trip overseas. That mean I have already been physically present in the States for more than 30months (almost 33 months for the past 5 years). I applied naturalization in late Jan, 2008, and since received NOC from VSC with no exceptions or any other inquiries. An officer at the customer service told me that my FP appointment letter has already been mailed out on 1st Feb, 2008. But I have not received it yet. (Anyone knows how long does it take to get it in the mail from the time they sent it out?)

I was wondering if my situation can be demonstrated successfully that I did maintain ties with US as closely as possible during those years between Nov 2000 and APR 2005 in order to prove that I did not break my continuous residency and my original intention is to live in the States but circumstance did not allow as my parents were overseas and I was a minor.

In fact I do have a veteran immigration lawyer (they have been in Immigration and Citizenship Law practices since 1928) in Pennsylvania whom acts on my behalf and he had advised me that there shouldn’t be a problem since it was not my choice but I did what I could have done best for my situation. However, I would just like to see if anyone here does have similar or different view on this.

Thank you and sorry for the long post, can help it but to specify the details >.<

 

[derekleewo]

I don't have an answer for you, but you said you've already gotten advice from a veteran immigration lawyer. If I were you, I would just follow the lawyer's advice and not worry about it.

Or is it that you don't believe the lawyer and are looking for a second opinion?

 

[Ladybuggy]

I agree with derek. Unless you don't believe your lawyer either seek another one or I don't know.
I don't have an answer for you either. Sorry

 

[Jackolantern]

Wait for the interview and see what happens. Even if denied this time, you would still qualify under the "4 years and 1 day" rule which would make you eligible in April 2009.

However, it is possible that you are already a citizen, deriving citizenship from your USC-since-birth father. Talk to your lawyer about it. If you are, you should be applying for an N-600 or passport instead of N-400.

http://travel.state.gov/law/info/info_609.html

Birth Abroad to One Citizen and One Alien Parent in Wedlock:
A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.

 

[DocyBear]

Thanks for the replies, it isn't that I do not trust my lawyer but rather I would like to see if anyone here did have similar experience.

Also, I am not the biological child of my US-Born dad, he is my step-father and I would have been a citizen if they filed for adoption naturalization when I was below 18 years old.



Thank you

 

[boatbod]

I'm going to put up my vote for "denied until Apr 2009". Reason being, you have no proof of remaining close ties to the US while you were living with your family in Singapore. Things would be very different if your family had remained in the US and you were studying abroad, but as it is, your US residence was almost certainly interrupted.

In April 2009 you become eligible for 4yr+1day rule.

 

[tll_iscream85]

I'm going to put up my vote for "denied until Apr 2009". Reason being, you have no proof of remaining close ties to the US while you were living with your family in Singapore. Things would be very different if your family had remained in the US and you were studying abroad, but as it is, your US residence was almost certainly interrupted.

In April 2009 you become eligible for 4yr+1day rule.

The case you had suggested inevitably put him in a worse position. First of all, as he had stated, he lived away from US because he was a dependent of his parents and he had to stay with his family for support. It was not his intention to live abroad but his parents'. However, under your suggestion, he would have been living away from US and away from his parents, which put him in a double jeopardy. He will have a hard time demonstrating the reason to study abroad as a minor and away from his legal guardians. The fact is, he said his family did maintain ties with US during those periods and they did have relatives back in the states. As long he can demonstrate his intention wanting to live in US from the beginning and able to suffice evidence as Tax transcripts filed by his parents, he should be fine.

The reason that USCIS allows applicants to suffice evidences to demonstrate their ties with US while abroad must have considered possible scenario as such to provide a legal platform for people with unexpected difficulties to become a citizen.

That’s my 2 cents.

 

[boatbod]

Ok whatever you say. I'll be happy to be proved wrong, but do bear in mind that continuous residency rules don't mention any exceptions for minors living with their parents.

 

[DocyBear]

Just gotten my FP notice yesterday and the appointment is next week Wednesday ~.~ I have to fly back to Philly from Atlanta within such a short notice. Air Tic is so expensive, luckily there is student priced tics I hate to miss classes though

And thanks for all your opinions. I called my lawyer again yesterday and "harassed" him once more regarding my concern. He reassured me again that from his >15 years of experience, he would have strongly advised me to wait if he indeed saw the problem as a big No No. He will be there with me at the interview to deal with that specific section of the application.