Received Interview Notice after aboard for a while, what is my chance?

M

markx

Registered Users (C)
Hi Guys,

I recently received the interview notice for Aug. interview. It is sort of a relief to get one step closer to the ultimate goal. However, my sitution is somewhat different than others.

I worked over 8 years in the same area in CA. About 1.5 years ago, I quit my job and went for full time on graduate school study which I finished in several months ( started a while back while still working). Then I took a long vacation back to home country to visit parents and friends for 1 year. During the year, I come back every 3 months for short trips. My N-400, fingerprint are all filed and done during those short trips.

Now, I have come back about 2 months and found a job. My desire to be naturalized is authentic. However, after reading some of the posts, I feel there might be problem. Guys, please help me out and share advice, experience toward my situation.

Thanks a lot in advance,
Mark
 
markx said:
Hi Guys,

I recently received the interview notice for Aug. interview. It is sort of a relief to get one step closer to the ultimate goal. However, my sitution is somewhat different than others.

I worked over 8 years in the same area in CA. About 1.5 years ago, I quit my job and went for full time on graduate school study which I finished in several months ( started a while back while still working). Then I took a long vacation back to home country to visit parents and friends for 1 year. During the year, I come back every 3 months for short trips. My N-400, fingerprint are all filed and done during those short trips.

Now, I have come back about 2 months and found a job. My desire to be naturalized is authentic. However, after reading some of the posts, I feel there might be problem. Guys, please help me out and share advice, experience toward my situation.

Thanks a lot in advance,
Mark
Click to expand...

Mark,
Try to calculate the # of days for Continuous presence requirement(s). If you dont meet that, then you may need to wait till you satisfy that # of days.
 
For the past 5 years, I have close to 4 years resides in US. From what I understand, that should be sufficient for continous residence. Am I right?
 
There are two things, continuous residence and phyisical presence. The way you describe your situation I think you're fine with continuous residence as you didn't have any trip of longer than 6 months. I don't remember the rules for physical presence off the top of my head (they should be in the guide to naturalization which can be found in the uscis website). My guess is that you're probably ok on the physical presence too. (I did a quick search and it seems the rule is 30 months in the last 5 years, so you should be fine).
 
Thanks for the reply!

From what I read, the biggest risk for my situation is the 1 year trip aboard(visiting not working). Although during that period, I have short trips back to the states every 3 months. Furthermore, I already back for 2 month ( about 3 month at the time of interview), found the job and working. However, in other posts, some people think 1 year trip will mostly get denial. I would like to know what do you guys think of that? Any experience, advice are greatly appreciated!

Mark
 
The 1yr trip could be a problem if the intervening visits to the US were very short (i.e. a few weeks) and your overseas destination was the same each time. Under these circumstances, it wouldn't be much of a stretch for the IO to conclude you were living abroad and merely visiting the US in an effort to circumvent immigration law.

Your case will be stronger if your overseas destination was different each time you went abroad. That was it'd look more like you were traveling on an extended sabbatical rather than residing overseas.

Being able to demonstrate continued strong ties to the US (while you were abroad) will also be of significant benefit.
 
By the way, my oversea destination was ShangHai China, HongKong for total of 4 visits. Since both are 2 hours flight apart, does that considered as the same destination by IO?
 
markx said:
Do you know any case with similar situation got approved?

Thanks,
Mark
Click to expand...

Usually people studying abroad get approved.
Sometimes people looking after sick relatives get approved, but this depends heavily on the quality of supporting evidence.

Hard to say for certain. Much depends on the mood of the IO.
 
In my situation, my uncle was very sick earlier of the year and had an operation. I am very close to him as he doesn't have kids. I can get China medical record, but it is all hand written in chinese by doctor. Don't know how useful for interview.

How do people approve they take care sick relative?
 
markx said:
I can get China medical record, but it is all hand written in chinese by doctor. Don't know how useful for interview.
Click to expand...

"A Guide to Naturalization" (USCIS Form M-476) states:
Be sure to send an English translation with any document that is not already in English. The translation must include a statement from the translator that he or she is competent to translate and that the translation is correct.
Click to expand...
 
Boatbod and McMahon,

Thanks for the information!

Regarding the translation of document, do you think it need to be done in government agency? According to the USCIS quote in McMahon's message, as long as the translator state his english competence, it seems sufficient. But I don't know how will IO value it.

Finding a translator is not a problem in China, but it is much more difficult to get a medical record translated through government agency.
 
I do not believe the United States mandates translators to be affiliated by a Foreign Government. Any translator meet the minimum requirements set by the USCIS should be OK, regardless of being or not from the Chinese Government.

I do not recall the specifics of the requirements for a translator. The M-476 wording seems the most appropriate, you may also browse through the Field Adjudicator's Manual for details.

Still, please do not lose the focus on the point you are making: submitting evidence that a health-related issue was the reason you wnet to China. The translation in the whole picture is a vehicle to convey the message to the USCIS in an understandable manner. The translation is not the main focus, just a tool.

At the end of the day, the USCIS will make a decision on the whole picture, including all documentation you provide and the related translation. I believe the USCIS is not focused on the type of disease or the medication to take to fight a disease. They are evaluating your file, and as such they will be making a determination as to whether you have met the Naturalization requirements.
 
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