Soon to apply for Citizenship with long absences from the US

Jackolantern said:
Yes, after showing up at the interview, some have had their interview rescheduled because of failing to meet the 90 day requirement.
Click to expand...

What is exactly the district residency requirement? I found two definitions for it.

1. Most people must live in the USCIS district or State in which they are applying for at least 3 months before applying.
2. Most people must live in the USCIS district or State in which they are applying for at least LAST 3 months before applying.

I have been living in Dallas, where I will file my application soon, for more than 3 years. However, I will leave the US for vacation and file my N400 application as soon as I come back to the US.

According to first definition, I satisfy the district residency requirement.
According to second definition, I do not satisfy the district residency requirement.

Which defitinition is correct? Any help?
 
Vacations do not count as breaking your residency requirement.

And Jack, they would just reschedule the interview, and not deny you altogether, if the 90 days are not met? I can apply after being here for a little over 90 days, but the interview will be way past that date. Will that work?
 
cafeconleche said:
Vacations do not count as breaking your residency requirement.

And Jack, they would just reschedule the interview, and not deny you altogether, if the 90 days are not met? I can apply after being here for a little over 90 days, but the interview will be way past that date. Will that work?
Click to expand...
Denial vs. reschedule depends on certain conditions.

If you already met the 90-day requirement in one area, filed N-400 while still there, then moved to a new state/district while your N-400 was pending, they would postpone the interview until some date when you have met the 90-day requirement in the new location.

If you didn't meet the 90-day requirement for the area where you lived at the time of filing the N-400, you would get denied unless you applied within the 90-day window before your 5 year GC anniversary (3 years if applying based on the 3-years-married-to-USC rule).
 
Oh I see. Well, I could have applied in January had I stayed in LA, but since I moved, I'm having to wait for 90 days to establish residency in NY. I'm definitely eligible to file, but I'm just waiting to be counted as a resident here first.
 
Well, I posted a question on avvo.com (a wesbsite where you can post legal questions and lawyers answer) regarding my sometimes back-to-back trips outisde as a student totaling almost 30 months and he said that I am technically safe, but on the other hand, I could even be placed in removal proceedings. I didn't mention that I am an asylee and that I've been using RTDs and RPs, so maybe I'll be ok because of that? What do you think?
 
cafeconleche said:
Well, I posted a question on avvo.com (a wesbsite where you can post legal questions and lawyers answer) regarding my sometimes back-to-back trips outisde as a student totaling almost 30 months and he said that I am technically safe, but on the other hand, I could even be placed in removal proceedings. I didn't mention that I am an asylee and that I've been using RTDs and RPs, so maybe I'll be ok because of that? What do you think?
Click to expand...

The answer he provided was general and not specific to your case. Sounds to me like he used the word "removal proceeding" to scare you into having you consult him.

http://www.avvo.com/legal-answers/applying-for-citizenship-after-studying-abroad-for-218926.html
 
Oh hey, you found the thread. I guess I should have included it in my post. Nice work Bobsmyth. I guess he might have wanted me to hire him, but he's in Chicago, and I'm in NY, so I'm not sure. Still, I'm hoping that this won't apply in my case, but I am pretty worried about it now. Am I safe from removal proceedings because I had RTDs/RPs? I most definitely do NOT want to be deported to my COP!
 
cafeconleche said:
Oh hey, you found the thread. I guess I should have included it in my post. Nice work Bobsmyth. I guess he might have wanted me to hire him, but he's in Chicago, and I'm in NY, so I'm not sure. Still, I'm hoping that this won't apply in my case, but I am pretty worried about it now. Am I safe from removal proceedings because I had RTDs/RPs? I most definitely do NOT want to be deported to my COP!
Click to expand...
Again, he was saying that as a general statement, not as a comment to your case. It's like me telling you there are many ways you can have an auto accident on your way to work. It doesn't mean you should freak out and think you will have an accident on your way to work.
 
Dear Friend,
I also had lots of trips out of us back to back 4-5months. total 600days.
I had the interview today and passed, IO didnt asked me about the trips. I didnt get the oath letter but they said we will send it by the mail.
So hopping for the good news.
I think in your case everything is good, you stayed less than 180days out of us and you maintain the ties with us and filing tax returns. Then there should not be any problem. You dont need to write any explaination letter.
 
want, I studied abroad for a couple of reasons. First, I'm interested in human rights and foreign policy, and I was focusing on European studies, so I talked to faculty and did some research about this kind of work, and I learned that it would be to my advantage to have a degree from the US (undergrad) and one from somewhere else (grad). Second, I decided to go to grad school suddenly, and I didn't have time to take the GRE. I couldn't find a suitable program in the US that would accept me without the GRE, so I had to try abroad. Finally, it was MUCH cheaper than programs here. I will tell the IO these things if he/she asks why I went abroad. Do you think they're valid reasons?

Diamonds, how many back-to-back trips did you make? Would you mind sharing your timeline? Did you apply for citizenship immediately after coming back from your final trip? It's good to know that you passed your interview though, and that too in my DO!
 
Oh well, I'm going to send my application on Friday or Monday. So, to be sure, I'm NOT writing them a letter explaining why I have so many back-to-back trips totaling almost 900 days? I just have to send the application, photos, fee and GC copy? What about tax transcript copies? Wish me luck guys. This could be a rough ride.
 
Question. I don't have a lease, mortgage or payments to prove ties to the US. Will a notarized letter from a parent saying that I was a dependent and relied on them financially while being a student help to prove such ties?
 
cafeconleche said:
Question. I don't have a lease, mortgage or payments to prove ties to the US. Will a notarized letter from a parent saying that I was a dependent and relied on them financially while being a student help to prove such ties?
Click to expand...
Get that for the interview, along with some proof of them being capable of providing that support, such as W-2 or tax transcripts covering for the relevant years.
 
Diamonds said:
I think in your case everything is good, you stayed less than 180days out of us and you maintain the ties with us and filing tax returns. Then there should not be any problem.
Click to expand...
Cafeconleche has over 200 more days outside the US than you, so your success does not mean cafeconleche will have the same result.
 
Thanks. I've also been looking at photo requirements. I never seem to remember if glasses are ok. I once read somewhere that NO glasses can be worn, but in the naturalisation guide and the passport website, there is no mention of having to remove glasses. I have photos with no glare on the glasses. Will these work?
 
Cool, thanks Bobsmyth. If there's a problem with the pictures at all, will they ask me to bring new ones for the interview, or will they reject my application?
 
Last edited by a moderator:
You must log in or register to reply here.
Top