Soon to apply for Citizenship with long absences from the US

C

cafeconleche

Registered Users (C)
Hi guys,

some of you know my case, and some don't. I am an asylee, and I've spent a LOT of time out of the US studying. I have been back for good since July 2009, and I could have applied for citizenship in January 2010. However, I moved to NY in December 2009, so I'm waiting until March to rack up 90 days here first. I have spent between 800 and 900 days outside the US, so I have slightly over 30 months of residency. I have never spent more than 5 months per trip outside the US, but I have several back to back trips (with gaps of between a couple of weeks and 2 months). So, I need to establish as many ties to the country as I can. So far, these are the only documents I can provide:

-Immediate family
-Driver licence
-Tax transcripts
-Bank statements
-Credit card statements
-Foreign student ID card (proof of temporary academic stay abroad)
-American accent (hehe)

I don't have a house or car, unfortunately. I was wondering what else can be provided as proof? Even little things you can think of. I have ALL my boarding passes to prove the dates of entry and exit, but I don't have my old RTDs and RPs. I can't even find my current one, but I do have scans of most of the stamped pages that I will print out and send. I know my case is iffy, so I will write a long cover letter explaining my reasoning for going abroad, and all the sources I consulted before going. I know I have to hope for an understanding IO, so I'm just keeping my fingers crossed and hoping for the best.

Some of you have given me good advice on my case, and I thank you for that. This is the home stretch, and I need all you can give me.
 
-Proof that schooling was for a set amount of time (School should be able to provide you a letter indicating you were in a degree program that lasted x amount of time).
-Proof of US business (if applicable)
 
Thanks Bobsmyth. No US business. As for the programme, I have a letter from before showing the length. I'll send a copy of that, too.

By the way, your timeline has an error in it, I think- your PD is earlier than when you sent out your N-400.
 
cafeconleche said:
I know my case is iffy, so I will write a long cover letter explaining my reasoning for going abroad, and all the sources I consulted before going.
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Don't send that letter with the N-400. Bring it to the interview, and don't volunteer it if you aren't asked to explain your travel history.
 
Jackolantern: Don't send it with the application? Will the IO even want to waste time with it during the interview? I had thought that an explanation early on would give them time to read it before they meet me and then I could answer any questions or explain parts they didn't understand. Wouldn't my reasons, and an explanation of my INTENT, work in my favour? I want to show them that my INTENT had always been on the right side, and that I only did what I did after much consultation with CIS officers via phone and Infopass, a couple of lawyers, and other people who had similar experiences (this forum), and that if any of them had said that this would definitely negate any chance of becoming a citizen around this time, I would not have gone through with it. I'm just afraid that no prior explanation will cause them to make up their mind earlier on in the process and just assume that I was working abroad or something.
 
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cafeconleche,

I am in your exact situation. I have something like 840 days on my application- w my post grad education out of the US. I retained an attorney - for the piece of mind. They have the 900 day rule set for a reason so there should be no guilt as long as you meet the continuous residency and the 5 year requirement. My interview was supposed to be last Monday but i was told that they can't hold the interview before the 5 year mark. So it will be scheduled around that date. I did apply something like 20 days into the 90 days. But apparently I got the interview w/ in 2 months and so I was 10 days short!
 
cafeconleche said:
Jackolantern: Don't send it with the application? Will the IO even want to waste time with it during the interview? I had thought that an explanation early on would give them time to read it before they meet me and then I could answer any questions or explain parts they didn't understand. Wouldn't my reasons, and an explanation of my INTENT, work in my favour? I want to show them that my INTENT had always been on the right side, and that I only did what I did after much consultation with CIS officers via phone and Infopass, a couple of lawyers, and other people who had similar experiences (this forum), and that if any of them had said that this would definitely negate any chance of becoming a citizen around this time, I would not have gone through with it. I'm just afraid that no prior explanation will cause them to make up their mind earlier on in the process and just assume that I was working abroad or something.
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No. In the interview, if they have a problem with your travel history, they will bring it up and give you the chance to explain. Volunteering information in the manner you suggest will just draw extra attention to your travel history and lead them to raise other questions you might not be prepared for.

Actually, the best thing is not to bring such a letter at all. Just bring the supporting evidence to the interview (student transcript, bank statement, etc. -- DON'T send it with the N-400), to show if necessary, and explain yourself verbally IF ASKED for an explanation. If you really want to bring such a letter, just make it short and to the point ... One or two sentences to say you were a student, temporarily overseas only to study, and you returned to the US soon after your studies were done, and you have attached a list of documents X, Y, and Z.
 
Cafe,

The less information your provide to USCIS, the better your chance of not being grilled like a capybara on hot coals...lol!! There is no reason for you to submit the letter, because you are only arming USCIS to shot boils with venom in your direction. I read a posting here last week or this one, where the IO asked for a divorce petition, nowhere in their guidelines are people asked to provide it, only divorce decree. If you are stupid, you will provide them with the petition and only for them to find out that the divorce is a result of infidelity on the sponsored spouse, which will create a nice way for them to deny you on some technical reason. Send your application with relevant document required, copy of GC and bring the rest of your documentation to the interview. Arming USCIS with ammunition isn't what you need, it could prove fatal for 5 years...
 
I agree with Jack and with Al. No reason to say stuff that is not asked. You will be scheduled for an interview, and if the IO has issues with your travel history, you will be given an opportunity to explain. They will not reject your application before the interview. So only explain when asked.
 
A capybara on hot coals, HAHA. I'm going to use that one. This is all very interesting, and I'm so glad I brought it up before I did anything stupid. So, no letter, and I'll just get ready to explain when I'm interviewed. I'll just send the application with the cheque, copy of GC and photos, and take the rest of the supporting evidence with me?

Additionally, does the fact that I'm an asylee work to my advantage as far as INTENT goes? I mean, as an asylee who has never returned to his COP or used or renewed his passport, can I hope that they assume that I know that I have no other choice but to intend not to jeopardise my citizenship? It's not easy traveling only on RTDs and RPs, nor is it easy to decide to give up US permanent residence to take up residence somewhere else (in my case, the Netherlands) as someone who does not have a passport, essentially, that shows that they have the protection of a state. I, an asylee, wholeheartedly want to become an American so that I can eventually live a life that is a little more normal. Does that make sense, or am I just clutching at straws here?

As for the 900 day rule, isn't it 913? 5 years including one extra leap day is 1826 days. Anyway, I have to calculate the exact number of days I've been out. It's VERY close, though, and that's why I'm worrying so much and thinking about the cover letter to back up my (unnecessarily risky) behaviour. But, I won't send a letter now.

By the way, how much would it cost for an attorney as backup? I'm looking for a job right now, so it'll be hard, but if it'll increase my chances, I might try to hire one. I look forward to hearing the outcome of your case, khan6000.

Thanks so much the tips, guys. I hope New York City IOs tend to be on the sympathetic side.
 
cafeconleche said:
A capybara on hot coals, HAHA. I'm going to use that one. This is all very interesting, and I'm so glad I brought it up before I did anything stupid. So, no letter, and I'll just get ready to explain when I'm interviewed. I'll just send the application with the cheque, copy of GC and photos, and take the rest of the supporting evidence with me?

Additionally, does the fact that I'm an asylee work to my advantage as far as INTENT goes? I mean, as an asylee who has never returned to his COP or used or renewed his passport, can I hope that they assume that I know that I have no other choice but to intend not to jeopardise my citizenship? It's not easy traveling only on RTDs and RPs, nor is it easy to decide to give up US permanent residence to take up residence somewhere else (in my case, the Netherlands) as someone who does not have a passport, essentially, that shows that they have the protection of a state. I, an asylee, wholeheartedly want to become an American so that I can eventually live a life that is a little more normal. Does that make sense, or am I just clutching at straws here?

As for the 900 day rule, isn't it 913? 5 years including one extra leap day is 1826 days. Anyway, I have to calculate the exact number of days I've been out. It's VERY close, though, and that's why I'm worrying so much and thinking about the cover letter to back up my (unnecessarily risky) behaviour. But, I won't send a letter now.

By the way, how much would it cost for an attorney as backup? I'm looking for a job right now, so it'll be hard, but if it'll increase my chances, I might try to hire one. I look forward to hearing the outcome of your case, khan6000.

Thanks so much the tips, guys. I hope New York City IOs tend to be on the sympathetic side.
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Cafe,


On the first part of your application, yes. Send the application photos and the check. Being an asylee doesn't have any special favors on the intent question, just have the documentation necessary to support the residence requirements, taxation issues and keeping your panic meter to the absolute zero. Yes, you are clutching at straws on some of the issues raised, let the straws go...lol!!! Also, you will be well-served to loose your English language tendencies which points to your worship of the Queen of England...lol!!! Americans rarely writes cheques, we just issues checks to pay bills. Just leave the attorney issues aside, you see you are already panicking before submitting your application, which means at the interview, there's no telling what you could end up doing. Lastly, since you moved to NY City, just forget about civil conduct in that state, people there are rude, mean and down right dirty. So, in short, lessen your expectation of sympathy from anyone, including the IO at a local USCIS office. Apparently, sympathy in NY is forbidden and shunned upon, so you will be well-advised to toughen up and start eating subway tracks to build the meanness factor, you will need it dude...
 
Hehe, Al, no need to worry about my English. I do stick to the traditions of Old Blighty in informal situations where there aren't expectations that I use American English, but especially when it comes to dealing with CIS, I try to be as American as possible.

I am worrying, yes, but not to the point that I lose my nerve in the face of authority. I am just honest about the fact that my situation raised a lot of questions on this forum a couple of years ago, and after getting acquainted with the points of view here, I just know that there is good chance I will have trouble with my application. So, I am preparing myself for the fight with as many of the cavalry as I can gather together. I assure you, though, that I will not bumble in front of the IO, but I appreciate the warning. So, I shouldn't expect anyone nice in New York, huh? Haha, well it was my mistake to move here then. I should have stayed in California.

Anyway, it won't be the end of the world if I am denied citizenship at this time, but after all the careful planning over the last few years to maintain the chance of becoming an American, it will be a disappointment. I'll just have to wait and see, I guess. Thanks for the tips.
 
Couple of questions:

Is there the possibility of a fee waiver for the N-400?

I came to New York on 5 December. Though I stayed with a relative for a couple of weeks before moving into my current place, I came with the intention of residing here. So, would it be correct to assume that I can apply 90 days after the 5 December? I can't find my driver's licence, so I've applied for a driving record from the CA DMV to show the NY DMV so that I can get my NY licence, but the issue date on the licence will not be 90 days before I apply. Would this pose a problem?

Thanks.
 
cafeconleche said:
Is there the possibility of a fee waiver for the N-400?
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Next to zero. You have to be really destitute to get it. And the fee waiver request will delay the process.
I came to New York on 5 December. Though I stayed with a relative for a couple of weeks before moving into my current place, I came with the intention of residing here. So, would it be correct to assume that I can apply 90 days after the 5 December? I can't find my driver's licence, so I've applied for a driving record from the CA DMV to show the NY DMV so that I can get my NY licence, but the issue date on the licence will not be 90 days before I apply. Would this pose a problem?
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If they ask for proof of when you moved to NY, they'll want to see something in your name that's at least 90 days old. If you don't have at least one thing like a paystub from a NY employer or a bank statement, it could be a problem. I hope you filed AR-11 within 10 days of moving to NY.
 
Jackolantern said:
If they ask for proof of when you moved to NY, they'll want to see something in your name that's at least 90 days old. If you don't have at least one thing like a paystub from a NY employer or a bank statement, it could be a problem. I hope you filed AR-11 within 10 days of moving to NY.
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The only caveat I can see is if you can show the proof of ending your CA residency to align with starting your NY residency. But it depends on the IO whether he/she wants to go so in such detail, and whether he/she buys this.
 
Oh really? Hmm... will my flight boarding pass work as proof of when I came to NY? I filed my AR-11 almost a month later, unfortunately. I guess I can wait a week or two before applying, but if I don't have to, I don't want to.
 
Hi Cafeconleche,

Today was your interview. How did it go??

I have a similar case as yours. I have been out of US 21 times/810 days. What all documents did they ask you and what all questions you were asked.

Regards
Baldoor
 
Nope, that's my mom's timeline. She's not on the forum, but I thought I'd share it anyway. We'll see how my interview goes once I apply in a couple of weeks. By the way, any thoughts on the boarding pass as proof? Have you heard of anyone being hassled/denied based on the 90 day district residency requirement? I mean, will they even question that when I present a NYS DL?

Also, can anyone recommend a lawyer (either cheap, or willing to provide a free first consulation, as I am still looking for work) who can advise me on the viability of my case (having spent a lot of time abroad as a student with back-to-back trips)?
 
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