Soon to apply for Citizenship with long absences from the US

i came here in june 2001 n left in august then came back with in 6 months in feb 2002 stayed for a month then took travel document after that i came in dec 2003 ..took travel document again and came in dec 2005 ..after that i came back with in 6 months that is on june 2006 and living continously since then...

so there are only two long absences and two trips with in six months

i ve applied and my interview is on 18th i ve all my tax returns n transcripts but nothing else to prove ..i was studying abroad but i came back when i finished
 
Bobsmyth said:
Quoted from the ruling:

The court’s ruling in this case does not establish the legal proposition that an applicant who moves to another country for school remains a continuous resident of the United States.
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I have read the case and I (and the OP) am aware of that quote. Are you ruling out the chance that the IO would not weigh his studying abroad as a factor against the OP? The case is useful to establish that the focus is on ties to the U.S. and not simply on intent, as cafeconleche quickly discerned.
 
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Bobsmyth said:
What do you mean "all else being equal"?
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I mean all the other relevant facts except the work vs. study are equal for the people being compared. Same time length and frequency of trips for both, both have a US home or both don't have a US home, etc.
Again, a person studying abroad with no US home and immediate family is not viewed more favorable than a person with no US home and immediate family working abroad with a non US company.
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That's true only in the sense that a raw egg falling from 20 feet onto concrete has an equal chance of being broken as a raw egg falling from 100 feet onto concrete. In other words, their absences outside the US are so long and frequent that when it's combined with the lack of a US home, they're obviously going to be denied whether they were studying or working for a non-US company. Different severity of actions (working vs. studying/100 ft drop vs. 20 foot drop), but the same bad result.

But when it's more borderline, the person who worked abroad is in more trouble than the person who studied (again, all else being equal). Regulations and court cases clearly point out that working is worse.
 
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sunny808 said:
Are you ruling out the chance that the IO would not weigh his studying abroad as a factor against the OP?
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Not at all. But bear in mind USCIS looks at the big picture, not just studying abroad.
My point is that I question the usefulness of showing the IO a legal case at the interview based on entirely different circumstances. The only thing the OP shares with the case is the fact that he was studying abroad.
 
Bobsmyth said:
Not at all. But bear in mind USCIS looks at the big picture, not just studying abroad.
My point is that I question the usefulness of showing the IO a legal case at the interview based on entirely different circumstances. The only thing the OP shares with the case is the fact that he was studying abroad.
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I didn't read the case as narrowly. In both cases, aside from the regular returns to the US, extended family is present, mail (credit card, bank), not working abroad, filing of taxes. A case doesn't need to be on all four corners similar for it to be useful. And yes, I have cautioned OP about the use of legal cases or arguments during interview, and how the IO would probably focus on his particular facts. I suggested instead that he show the case to his attorney.
 
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I just feel that if the IO asks me why I decided to pursue a course of study outside the US that would result in such a travel pattern and a risk of being denied, I can provide my reasoning (including advice given by an attorney and USCIS of maintaining ties to the US), and if the IO didn't see the relevance of this reasoning, I could show that I had ALSO gone as far as checking to see if there was any documented instance where the ties that I describe worked in someone's favour with regard to naturalisation, that's all. I don't wish to DEMAND to be approved just because someone else has been naturalised by court order. If it helps, it helps. Anyway, I will probably just try to get a written statement from an attorney, unless I can find someone who will help me for less or free.
 
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cafeconleche said:
I just feel that if the IO asks me why I decided to pursue a course of study outside the US that would result in such a travel pattern and a risk of being denied, I can provide my reasoning (including advice given by an attorney and USCIS of maintaining ties to the US), and if the IO didn't see the relevance of this reasoning, I could show that I had ALSO gone as far as checking to see if there was any documented instance where the ties that I describe worked in someone's favour with regard to naturalisation, that's all.
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Although it might show your line of reasoning, showing the IO a court case is irrelevant in proving your continuous residency. Your case will be adjudicated on its own merits and acceptable evidence.
 
i had my interview and i have multiple long trips out side US and didnt have any proof to prove my ties except tax returns..and IO didnt even ask about it...i passed the interview
 
wubzzy said:
i had my interview and i have multiple long trips out side US and didnt have any proof to prove my ties except tax returns..and IO didnt even ask about it...i passed the interview
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But do you have an oath letter yet? If not, you still have to wait to know if you're free and clear. Supervisory review could cause you to be denied. Let's wait and see.
 
wubzzy said:
i had my interview and i have multiple long trips out side US and didnt have any proof to prove my ties except tax returns..and IO didnt even ask about it...i passed the interview
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Were some of your trips back-to-back? Could you provide some detail in the length and spacing of the trips, if you don't mind? Thanks.
 
this is my trip's details

i came here in june 2001 n left in august then came back with in 6 months in feb 2002 stayed for a month then took travel document after that i came in dec 2003 ..took travel document again and came in dec 2005 ..after that i came back with in 6 months that is on june 2006 and living continously since then...

so there are only two long absences and two trips with in six months

i ve applied and my interview is on 18th i ve all my tax returns n transcripts but nothing else to prove ..i was studying abroad but i came back when i finished
 
no i dont have oath letter yet..he said u ll get it in ten days..i didnt c any body getting oath letters during my time over there may be because it was already 3 oclock when i gave my interview and still there were like nearly 30 ppl sitting n waiting for there interviews.
 
Oh, so your trips were some time ago. My last long trip ended lat July, so I've more to prove than you do. You've been back for 4 years! No wonder you weren't questioned. Thanks for the info, though.
 
i got my oath letter today and my oath date is april 15 so finally my case is cleared i was worried about my trips and no proof to show ties during my stay outside but now no worries
 
Guys, this is the letter I am having my mom sign and notarise to show that I was a student and dependent and retained full access to "my" US abode. What do you think? Is this good? Any changes? Have I left something out? Thanks.


Dear Sir or Madam,
I am writing to inform you that I am a parent of cafeconleche, who has just applied for naturalization. I attest to the fact that cafe has not broken his continuous residency as he has always been a resident of the US, and that his trips abroad were of a temporary nature to study, always with the intention of returning to the US, which was and is his permanent home. During his entire time studying abroad, cafe was my dependent, and my home was his home, to which he retained full access. His immediate family consisting of my husband, other son, and I, remained resident in the US during this time, and cafe returned very often to our home. cafe also always maintained his car (including registration and insurance), his bank accounts (including joint accounts with me), his driver license, and his tax obligations. He has never worked abroad, nor has he ever claimed to be a non-resident of the US, or a resident of any other country.
If you have any questions, please feel free to contact me at any time.
 
cafeconleche said:
Guys, this is the letter I am having my mom sign and notarise to show that I was a student and dependent and retained full access to "my" US abode. What do you think? Is this good? Any changes? Have I left something out? Thanks.
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His immediate family consisting of my husband, other son, and I, remained resident in the US during this time, and cafe returned very often to our home.
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Did they physically stay in the US? If they were physically present in the US when you were gone, say "physically present" and not just "resident".

I attest to the fact that cafe has not broken his continuous residency...
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Leave out that part. That is not her attestation to make, it is a determination for the IO to decide.

Also leave out this other part part below. Stick to only facts that she can observe for herself directly. Stuff like never claiming to be a nonresident or not working abroad is something she can only know indirectly by asking you, so it comes across as you putting words in her mouth, which makes it seem less honest.
He has never worked abroad, nor has he ever claimed to be a non-resident of the US, or a resident of any other country.
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For similar reasons, don't include this, as your intentions are not her direct knowledge:
always with the intention of returning to the US, which was and is his permanent home
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Make this more factual and to the point -- that your car was left parked at her house when you were gone. No need for her to say anything about your driver's license or tax obligations, as you have direct proof of those in the form of your tax returns and your license itself. And don't get into the registration or insurance aspect either. Bring the papers in case you need to show them, don't have your parents say anything about your registration and insurance. And you can bring a joint bank account statement, so the letter doesn't have to say anything about that.
cafe also always maintained his car (including registration and insurance), his bank accounts (including joint accounts with me), his driver license, and his tax obligations.
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Great. The rest of the statements seem fine to you? Would I need to include her tax returns showing I was her dependent, or will this notarised letter suffice? Thanks, Jack.

This is how it looks now:

I am writing to inform you that I am a parent of cafeconleche, who has just applied for naturalization. I attest to the fact that during his entire time studying abroad, cafe was my dependent, and my home was his home, to which he retained full access. His immediate family consisting of my husband, other son, and I, remained resident in the US during this time, and cafe returned home during his breaks in the winters of 2005-2006, 2007-2008 and 2008-2009, and the summers of 2006, 2008 and 2009. cafe also maintained his car (including registration and insurance), his bank accounts (including joint accounts with me), his driver license, and his tax obligations. If you have any questions, please feel free to contact me at any time.
 
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