so disappointed

sanjoseaug20

Registered Users (C)
#41
I do not think there is any harm in asking CIS. Whether the IO comes in the picture or not is a different matter. Still you should try to speak to someone senior than just the computer operators.

It would be risky if you had to divulge any information which you have not shared so far like offense etc. (not saying anything about your case, but in general). But if everything is known, what's there to fear?
 

Bobsmyth

Volunteer Moderator
#42
Since there is so much confusion,
Confusion about what? You won't have enough physical presence until at least 8/28/11 and it's presumed that you have broken continuous residency during statutory period by extended trips of over 6 months while working and living out of US for which you don't have sufficient evidence to prove otherwise.
 
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Al Southner

Registered Users (C)
#43
Naina,

The only confusion in this situation is that USCIS didn't see things your way, successfully naturalized you even though you are ineligible. You are clearly misguided in thinking that making an info pass will give you an exact date when you can reapply, I am sure there 2-3 people on this thread you gave you exactly that date. I am sure when you visit USCIS they will give the same exact date, plus a pacifier with the date on which you can reapply, provided you cut your foreign escapades...
 

dima2ooo

Registered Users (C)
#44
BThe above gives the appearance that you lived abroad starting Sep 25, 2008 until March 5, 2010 (hey both birthdays in family) and returned to US only to beat the 6 month absence clock. An IO may make a determination that this was just one single trip of over 500 days.
sanjoseaug20 and others: has this been reported? I mean absences from the U.S. under 6 months but with long overseas trips back to back?
 

Bobsmyth

Volunteer Moderator
#45
sanjoseaug20 and others: has this been reported? I mean absences from the U.S. under 6 months but with long overseas trips back to back?
Yes, there have been reports in the past of applicants being denied for such back to back trips, especially when it was obvious they were trying to skirt the 6 month threshold and were living and working abroad.
 

dima2ooo

Registered Users (C)
#46
Yes, there have been reports in the past of applicants being denied for such back to back trips, especially when it was obvious they were trying to skirt the 6 month threshold and were living and working abroad.
I found this case in progress where smbd. it having issues with residence.
http://forums.immigration.com/showt...-Experiences&p=2213796&highlight=#post2213796

Also, there are these guidelines by Jackolantern:
http://forums.immigration.com/showt...ence-for-US-citizenship&p=2173863#post2173863
He specifically says: "If none of your trips are 6 months or more, it is the responsibility of the IO to look at the entire pattern of your travels and ties to the US to determine if you broke continuous residence. So if all your trips are under 6 months each, you could still be found to break continuous residence if you took 4 trips of 5 months each with one week in between."

Does this mean that if there are fewer than 4 trips and/or there is more than 1 week in between it's a safe bet?
 

Bobsmyth

Volunteer Moderator
#47
Does this mean that if there are fewer than 4 trips and/or there is more than 1 week in between it's a safe bet?
No since USCIS will look at all evidence surrounding a case. For example, someone who has 3 back to back trips of 4 months each spaced 1 week apart and who was working in foreign country while not maintaining US residence and having immediate family in US can still be questioned about continuous residence. Likewise, someone who has 6 back to back vacation trips of 2 months spaced a few days apart and who otherwise maintained a primary US abode will likely not be questioned abut continuous residence.
 

dima2ooo

Registered Users (C)
#48
No since USCIS will look at all evidence surrounding a case. For example, someone who has 3 back to back trips of 4 months each spaced 1 week apart and who was working in foreign country while not maintaining US residence and having immediate family in US can still be questioned about continuous residence. Likewise, someone who has 6 back to back vacation trips of 2 months spaced a few days apart and who otherwise maintained a primary US abode will likely not be questioned abut continuous residence.
I guess it comes down to what they consider as other proofs of residence, if there are long trips. This is:

a. family in the U.S.
b. place owned or rented in the U.S.

Am I missing something else?
 

Bobsmyth

Volunteer Moderator
#49
I guess it comes down to what they consider as other proofs of residence, if there are long trips. This is:

a. family in the U.S.
b. place owned or rented in the U.S.

Am I missing something else?
It's more than just owning or renting a place in US..it's about actually maintaining it as your primary residence. Some people may think it's enough to just rent out your house while you are out of US for extended period, but if you're not maintaining it as your primary residence it doesn't help as main proof to continuous residency. Also, immediate family (spouse, kids) is used to consider ties, not just family. Finally, US assets such as a US business, or US bank accounts, is also used to determine proof of continuous residency when it comes into question. In the end, it's up to the IO to look at all the facts of the applicant's case and determine if continuous residency was broken.
 

dima2ooo

Registered Users (C)
#50
Some people may think it's enough to just rent out your house while you are out of US for extended period, but if you're not maintaining it as your primary residence it doesn't help as main proof to continuous residency.
That's a good point. I am not sure what the legal definitions of "primary residence" are for this case. What kind of things might help to prove that this is indeed the primary residence?
 

Bobsmyth

Volunteer Moderator
#51
That's a good point. I am not sure what the legal definitions of "primary residence" are for this case. What kind of things might help to prove that this is indeed the primary residence?
Utilities and bills in applicant's name at the US address during the time outside US.
 

cafeconleche

Registered Users (C)
#52
That's too bad, naina. I too have traveled excessively, but I did have sufficient physical presence when I applied and I'm STILL nervous it could go badly as I'm waiting for a decision. By the way, about those dates that you provided, did CIS calculate the days you were out on each trip, or did you? I'm wondering if CIS actually goes by the rule that partial days in the US are considered as whole days in the US. Also, what was the exact wording of the denial letter? Thanks, and good luck. That lawyer is definitely a crook.
 

naina123

Registered Users (C)
#53
Hi,

I am back after waiting it out.

I am looking for some help here. I am planning to reapply for my US citizenship after 9 years.
In 2010,my US citizenship was rejected mentioned lack of physical presence. (History above_)

Over the last 5 years I am showing as present for 1359 days (going back from Mar-5-2019) and below are no:eek:f days I was out of country.

2014-02-17 2014-05-08 80
2014-11-01 2014-12-31 60
2015-11-01 2016-01-08 68
2016-10-11 2017-01-10 91
2017-10-12 2018-01-11 91
2018-11-03 2019-01-11 69

What has changed since my last citizenship application is

- I quit my job in jan2015 (which got me my GC and later renewal of GC).
- I got married and My husband is a GC holder.
- Moved to a differnt state

I am planning to use another business immigration lawyer this time in the current state where I live.

Do the experts on this forum see any issues with my reapplication. I am very worried after reading online about the slowing down process and many rejections of applications. Do they consider the travel history from the previous citizenship application?
 

ponyo_rocks

Registered Users (C)
#54
They are most likely to consider travel history from last 5 years. Since you have short absences each year <=91 days, you should be OK. Overall, timelines are slow now.

You dont need a job to renew your GC, so that is an unrelated matter.
 
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