US Citizenship through Naturization help

G

gmistry

Registered Users (C)
Hello All,

Your help is appreciated as I have come to a point with lots of questions and how to proceed further but I will try to make it very simple. I got my green card in Dec 2005 and when I got my green card I was studying in UK. I use to visit US once before 11 months to keep my green card active. After finishing my studies I worked in UK for one year, however, I made sure to visit US before once in 11 months so that way everything worked out well. I moved to US in 2008 November and since then I am living in the US. I never been out of US for moret than 6 months afer November 2008.

Now, I applied for US citizensip this year in April 2013 and had my interview done last week. In my application form I know I have to go back 5 years to prove my residency and for that reason I showed that in Ocotober 2007- August 2008 I was in UK working (after finishing my education). During that period of one year I came to US after 266 days, which is more than 6 months and that was not accepted by the IO.

I took my test passed and he told me that my application will be kept pending and send me form N-14 with list of things to satisfy the requirements to grant me citizenship.

1. That I did not terminate my employment in the US - I do not understand what it really means. In last 5 years my emplyment in the US is from Feb 2009 till present and before that I was working in UK in the one year period.

2. That I retained full access to your US residence - When I was in UK i use to come and live with my sister who is a US citizen at her place. I am not sure what is the real requirement here.

3. That I did not obtain emplyoment while abroad- During interview I clearly told the IO that I was working in UK from 2007-2008 so to ask me documents or proof that I did not obtain employment while abroad is clearly telling me my application is rejected???

4. That you immediate family remained in the US - My sister lives in the US and is a US citizen. My parents are green card holder however, they were in India during that one year period.

5. That I filed taxes in US for past 3 years: I am very confused here. I have filed taxes for past 4 years and I can prove this but why 3 years? Does that mean all the above 4 questions are only valid for 3 years and not 5 years?

I appreciate all your help and I can provide more information to you all if needed.

Thank you.

1.
 
1. That I did not terminate my employment in the US - I do not understand what it really means.
Click to expand...
It means that you did not terminate your employment in the US during the trip of over 6 months. It's a standard item when continuous residence is in question, but it doesn't apply to you because you never held US employment before or during that time. The other 4 items are also standard things which don't apply to everyone.

You can get approved by responding to the N-14 with a letter stating that you qualify under the 4 years and 1 day rule, because you applied in April 2013 which is more than 4 years and 1 day after the long trip which ended in November 2008. Cite the regulation 8 CFR 316.5(c)(1)(ii).
 
Jackolantern said:
It means that you did not terminate your employment in the US during the trip of over 6 months. It's a standard item when continuous residence is in question, but it doesn't apply to you because you never held US employment before or during that time. The other 4 items are also standard things which don't apply to everyone.

You can get approved by responding to the N-14 with a letter stating that you qualify under the 4 years and 1 day rule, because you applied in April 2013 which is more than 4 years and 1 day after the long trip which ended in November 2008. Cite the regulation 8 CFR 316.5(c)(1)(ii).
Click to expand...

Thank you for your reply.

If that was that case why 4 years and 1 day rule was not considered during my interview and asked for more documents in N-14. Also, any idea on item 3 - about obtaining employment while i am abroad? Is IO asking me that question for past 3 years or 5 years?

He wants to see tax papers of last 3 years.
 
Same question here. Why did the OP get rejected (or not approved) if he clearly qualifies under 4 years and 1 day rule?

Is it because the IOs are not knowledgeable about the regulation?
 
Maybe that interviewer was unaware of the 4y+1d rule, or maybe they knew about it but it just didn't come to their mind, and they may have remembered it if you brought it up. But the interviewers are not obligated to bring up alternative eligibility options to help you get approved. It's really your responsibility to choose the most appropriate option and assert that you qualify for it.

You haven't been denied yet, so take the opportunity to show that you qualify under 8 CFR 316.5(c)(1)(ii).
 
1 year after n400 interview and still no reply. Pleasee help, what should I do.

I filed for n400 based on marriage to US citizen( 3 year rule even though I have heard the GC for 4 years now) in southern CA and had my interview on July 2012. The officer asked me for additional information concerning child support for my child who lives with her mother in South Africa. I sent this information( money-gram transactions indicating monthly payments to the mother of my daughter) the same day and I followed up to see if this information was received. The officer who interviewed me informed me that it was sufficient and I would hear from them in about 45 to 60 days. It is a year since. I have made multiple info pass appointments, called the USCIS number and I haven't received any tangible feedback. All they keep telling me is , my file is under additional review. I also tried contacting the congressman and he has not been helpful. It is frustrating and I need advice on what I should do.
I also plan to relocate in about 3 months to a new USCIS district and I am wondering if this will delay the process even further.
 
Job_1 said:
I filed for n400 based on marriage to US citizen( 3 year rule even though I have heard the GC for 4 years now) in southern CA and had my interview on July 2012. The officer asked me for additional information concerning child support for my child who lives with her mother in South Africa. I sent this information( money-gram transactions indicating monthly payments to the mother of my daughter) the same day and I followed up to see if this information was received. The officer who interviewed me informed me that it was sufficient and I would hear from them in about 45 to 60 days. It is a year since. I have made multiple info pass appointments, called the USCIS number and I haven't received any tangible feedback. All they keep telling me is , my file is under additional review. I also tried contacting the congressman and he has not been helpful. It is frustrating and I need advice on what I should do.
Click to expand...

Your situation is very different from what is being discussed in this thread. Please start your own thread.
 
Jackolantern said:
Maybe that interviewer was unaware of the 4y+1d rule, or maybe they knew about it but it just didn't come to their mind, and they may have remembered it if you brought it up. But the interviewers are not obligated to bring up alternative eligibility options to help you get approved. It's really your responsibility to choose the most appropriate option and assert that you qualify for it.

You haven't been denied yet, so take the opportunity to show that you qualify under 8 CFR 316.5(c)(1)(ii).
Click to expand...

Thank you very much for your time and feedback. I really appreciate. I have one more question to clarify and your help is very much appreciated.

Per N-14 requirements, I have mailed all the supporting documents couple of days back, and I would like to know what is the normal wait time? Any idea for the approximate time after submitting forms per form N-14?

Is it okay to call them and ask them if they received my documents or directly talk to the IO and ask him the wait time?

Thank you again.
 
gmistry said:
Thank you very much for your time and feedback. I really appreciate. I have one more question to clarify and your help is very much appreciated.

Per N-14 requirements, I have mailed all the supporting documents couple of days back, and I would like to know what is the normal wait time? Any idea for the approximate time after submitting forms per form N-14?
Click to expand...

Expect them to take about 1 to 3 months before taking action on the documents you have sent.
 
Status changed to "Post Decision Activity" after sending sending documents based on form N-14

Jackolantern said:
Expect them to take about 1 to 3 months before taking action on the documents you have sent.
Click to expand...

I just thought to update this thread since it will be helpful to answers questions for many who are waiting or going to apply for Citizenship.

Thank you Jackolantern. I appreciate your help. After sending all the documents I saw my online application status changed to "Post Decision Activity" - Your case is under review by the Supervisor.

Do you know how long does it take for USCIS once it is under review by the Supervisor. In other words Decision has been taken, which I don't know if it is approved or denied. Any idea of the timeline? Do they still take a month or I should expect something to hear in next few days?

Thank you for your help and time.

Regards
 
You must log in or register to reply here.
Top