trips over 6 mos - interview approaching..

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Can you post your timeline? When did you first apply for naturalization and when was your 11 month trip. Also, you mentioned you had 3 years 11 months of continuous residence when you applied. Don't you mean physical presence?
It would clear alot of assumptions peopple are making of your case by posting your timeline.

Btw, after reading your previous posts, I concluded that it could be that the IO noticed your travel documents and that you were studying at a US university overseas during this long trips and therefore concluded they did not break continuous residence.
 
After all the criticizing I received, it's pointless to post my timeline now, important is that travelling occured after N-400 was sent, I had 4 years physical presence prior to travelling, I had my reentry permit in front of the IO, didn't want to see it... got approved.

Good point brought by McTavish in other topic, I checked "yes" on the oath document referring to the travelling, she saw it, checked it with a "V", then asked me where have I travelled to and wrote a huge "OK" on my paper.
I belive once you pass the test, that is it! (unless you comit a crime or been arrested) the oath is just a formality then to get your certificate.

So as a final conlusion, "some" people need to understand that travelling after N-400 was sent (and not disclosed) is NOT a crime, neither a fraud; even if breaking continuous residency, is not 100% automatic denial, it depends on the IO if he/she wants to approve you.

Please read all the posts before posting as many have been said in this topic and things kinda start to repeat.

Good luck to all citizenship test takers!
 
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Wow interesting thread. Yep all trips must be disclosed up to the actual Oath date. This includes EVERYTHING. Failure to disclose it IS A CRIME.. It is called FRAUD. Since you did not mention them you have commited fraud which is very illegal. You got lucky by cheating the system, but for how long?

Remember INS can revoke citizenship at any given time if they find out it was obtained by fraud (in this case this applies to you).

You might be lucky and not caught or be unlucky down the road and found out and getting not only a bar, revoke of your citizenship and deported right away.

So chances are it will just be a matter of time before being found out. Months, years? Who knows, but not going to be fun being a psuedo USC having that hovering over your head that at any given time you might be found out...
 
fjmb23 said:
I had exactly the same amount of time when I applied for Citizenship back in March 2007. During my interview the officer even told me that 3yrs 11mos. was not even close to having 5 years continuous residency and she even told me when I should be applying and suggested me to withdraw the application.

Don't apply. You will get denied. Just wait 13 more months and you will be ok.
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The OP is referring to physical presence, not continuous residency. He/she's using the terms interchangeably which has caused some confusion about his/her case.
 
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adi325 said:
After all the criticizing I received, it's pointless to post my timeline now, important is that travelling occured after N-400 was sent, I had 4 years physical presence prior to travelling, I had my reentry permit in front of the IO, didn't want to see it... got approved.
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The point to providing your timeline is to clear up some confusion in what you previously posted.
-In October 2008 you mentioned you had 2 long trips (one of 11 months and one of 9 months).You later had you mentioned that these trips occurred during the time you applied, and that you didn't disclose them at interview, but that you provided passport and travel documents (which would have listed trips). In another post you mentioned the 11 month trip was before you applied.
-You also mentioned that you had 3 years 11 months of continuous living in US since you got GC. (You must have meant 3 years 11 months of physical presence since you got GC, because 5 years of continuous residency is required up until your oath.
-You also mentioned you declared a 2 month trip between interview and oath, and also a 2 month trip on application.

If you mentioned your case in a timeline fashion with all the facts it would resolve alot of confusion, and save people from reacting to only one fact you post.
adi325 said:
.. travelling after N-400 was sent (and not disclosed) is NOT a crime, neither a fraud; even if breaking continuous residency, is not 100% automatic denial, it depends on the IO if he/she wants to approve you.
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You previously mentioned you provided the travel documents and passport at your interview. But you also mentioned you didn't declare a 11 month trip on your application, eventhough it asks you to declare all trips. :confused:
If you didn't declare a trip that shows a presumption in break of continuous residency, don't go preaching to others that it's ok not to disclose such trips on the basis of your approval. For example, if someone took a 13 month trip (that automatically breaks continuous residency), according to your advice it's ok not to disclose it. Likewise, if someone took a 9 month trip to work for a foreign company that it's ok not to disclose such a trip. That's just terrible advice.

Again, after reading all your posts I can only conclude that the IO saw all the trips on the USCIS system and/or travel documents (reentry permit/passport) and concluded that they didn't break continuous residency since you were in studying in a US university abroad.

However, your posts suggest it's ok not to disclose trips since it really depends on the IO if they want to approve you or not, and that there's nothing wrong with it since you got approved. That is simply bad advice and a generalization based on your own circumstance.

Btw, your posts suggest this timeline:


March 2008 applied for GC
June 2008 received reentry permit while out of country
late November -early December 2008 Had interview, passed.
End Feb-early March 2009 Had oath, declared 2 month trip between interview and oath
 
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Guys, you really don't have anything else better to do? Honestly?! Travelling, disclosed or not, whoever calls it a crime or fraud he is sick!

Warlord: your post is pointless. Read in the US passport how citizenship can be rovoked and then post.

Bobsmyth: when I will need a lawyer, I'll call you.
BTW: you are wrong about my timeline, my dates posted previously were fiction taken from a simillar case.

Analizying is POINTLESS.

What is important for everybody to know is:

1. Future trips cannot be listed in the N-400.
2. IO may or may not ask you about travelling at all.
3. IOs do not look for reasons to deny your application. People on this forum THEY DO!
 
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adi325 said:
BTW: you are wrong about my timeline, my dates posted previously were fiction taken from a simillar case.
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Why bother asking for advice on this forum if you're not upfront or unwilling to provide consistent details to begin with?. It would save alot of people from wasting their time on your case based on the limited information you provided.
 
Bobsmyth said:
Why bother asking for advice on this forum if you're not upfront or unwilling to provide consistent details to begin with?. It would save alot of people from wasting their time on your case based on the limited information you provided.
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I shouldn't have bothered... you are right. The advice I received was negative and unfair and wrong!
 
adi325 said:
I shouldn't have bothered... you are right. The advice I received was negative and unfair and wrong!
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So then you didn't want advice. You just wanted us to confirm your "accurate" description of what exactly transpired with your application.
 
Mr Vertigo said:
So then you didn't want advice. You just wanted us to confirm your "accurate" description of what exactly transpired with your application.
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dates are not important, lenght of trips and when they happened is. (before or after N-400)
 
adi325 said:
dates are not important, lenght of trips and when they happened is. (before or after N-400)
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Whatever. I wish you luck in your endeavors and hope you never hear from USCIS again. Just don't try to make it seem as if all of us are wrong and you're the only one who's right.
 
Mr Vertigo said:
Whatever. I wish you luck in your endeavors and hope you never hear from USCIS again. Just don't try to make it seem as if all of us are wrong and you're the only one who's right.
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Thank you. What bothers me a little is that I'm accused of getting citizenship fraudulently. That is SAD.

What my critisizers should have bother to tell me is:

"you were lucky you were not asked about travelling" and maybe "congrats"... but definitely not things like "you comitted a crime", "you got citizenship fraudulently", "you lied" and so on...

I don't know how to call these people. I rather not call them in any way. Perhaps I shouldn't retaliate but I did it for the readers future test takers hoping they will not rely too much on the negative advice received from these people.
 
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Mr Vertigo you are a wise person to say good words.

And I agree with adi325,s last post.

"What my critisizers should have bother to tell me is:

"you were lucky you were not asked about travelling" and maybe "congrats"... but definitely not things like "you comitted a crime", "you got citizenship fraudulently", "you lied" and so on..."

adi 325 cool down.

your citizenship has been approved by US Government .
I do not think you should worry about non mentioning your long trips.
USCIS is the judge and they did not bother to do the passport check to check travel date. So it is ok.
And also you were studying in the American University abroad that might helped.
you are lucky that is all.
You need not clarify yourself to anyone else anymore in my opinion .
wish you best of luck .
 
adi325 said:
I shouldn't have bothered... you are right. The advice I received was negative and unfair and wrong!
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The advice you got was based on the information you provided about your case. You provided that you didn't disclose two long trips that potentially broke your continuous residency ( a base requirement for eligibility) and that it is entirely ok not to disclose such trips. How else did you expect posters to respond??
 
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