Whether eligible to apply for Citizenship?

[tansha]

We received our green cards on Oct 7th, 2004 and resided in the US till August 2006 after which we had to temporarily shift base out of the country because of spouse's work requirements. Since August 2006, we have been coming back to US before expiry of six months and stayed on for 2-3 weeks every time. In effect we have made 7 trips outside US since we received our green cards and have been out of US for approx 1000 days!!!
If we apply for naturalization this year, our Physical presence in the country will be much less than 30 months over the five year period (from Oct'04 to '09)

On the plus side, we own property in the US, pay utility bills and mortgage payments
We have been filing taxes
Spouse is working for a company which has presence in the US and they are bringing foreign trade and commerce to the US
We have followed the 'less than six months' rule for continuous residence

My dilemna dear members is whether we should apply for citizenship or not? Is there any scope of deviation from the naturalization eligibility rules if we demonstrate strong ties to the US?

Any inputs/ suggestions would be greatly appreciated..

Tansha

 

[baikal3]

We received our green cards on Oct 7th, 2004 and resided in the US till August 2006 after which we had to temporarily shift base out of the country because of spouse's work requirements. Since August 2006, we have been coming back to US before expiry of six months and stayed on for 2-3 weeks every time. In effect we have made 7 trips outside US since we received our green cards and have been out of US for approx 1000 days!!!
If we apply for naturalization this year, our Physical presence in the country will be much less than 30 months over the five year period (from Oct'04 to '09)

On the plus side, we own property in the US, pay utility bills and mortgage payments
We have been filing taxes
Spouse is working for a company which has presence in the US and they are bringing foreign trade and commerce to the US
We have followed the 'less than six months' rule for continuous residence

My dilemna dear members is whether we should apply for citizenship or not? Is there any scope of deviation from the naturalization eligibility rules if we demonstrate strong ties to the US?

Any inputs/ suggestions would be greatly appreciated..

Tansha

No, you cannot apply for naturalization now. There is no wiggle room and no loopholes related to the physical presence requirement and this requirement must be satisfied at the time of filing N-400 and at the time of the interview. There is no dilemma here; if you file now, your application will be denied.

 

[GCman2005]

when someone has a problem, the solution is not to confirm indeed that he has a problem, but tell him how to solve it.

one question is when will he eligible to apply since he broke residency requirement and how long is he suppose to stay in usa to fulfill residency requirements.

if you answer theses questions? you have solved the tansha's issues.

 

[baikal3]

when someone has a problem, the solution is not to confirm indeed that he has a problem, but tell him how to solve it.

one question is when will he eligible to apply since he broke residency requirement and how long is he suppose to stay in usa to fulfill residency requirements.

if you answer theses questions? you have solved the tansha's issues.

Err, this problem cannot be "solved". The OP simply has to wait until he has satisfied the 30 months physical presence requirement and file N-400 then. There is no more to it then that.
Exactly when this will happen depends on the specifics of the OP's situation. Regarding the continuous presence requirement, it appears from the OP's post that he did not actually break it.

 

[warlord]

Err, this problem cannot be "solved". The OP simply has to wait until he has satisfied the 30 months physical presence requirement and file N-400 then. There is no more to it then that.
Exactly when this will happen depends on the specifics of the OP's situation. Regarding the continuous presence requirement, it appears from the OP's post that he did not actually break it.

The OPs question can be solved. They need to stop doing what they are doing. Comming back like they are is not satisfying anything and could lead to having their GC's revoked at some point.

- They need to work for a US based company abroad not a foreign company with a presence in the US.

- They need to maintain US residency which they are clearly not

- They need to stop thinking that comming back before 6 months and staying a couple of weeks will put them under the INS radar (You can be denied and have your GC revoked if the INS can prove you are living and working abroad for a non-US company for being out under 6 months).

- They need to realize there is no such thing as a "6 month Rule to preserve continous residency"

- They need to really read up on the qualifications for being granted a Green Card and what the rules are to abide by while living in the US on one.

Those are the solutions...

 

[Vorpal]

Regarding the continuous presence requirement, it appears from the OP's post that he did not actually break it.

There's a good possibility that the USCIS will view this differently. 7 lengthy back-to-back trips for the purpose of employment by an overseas company may be presumed as a break in continuous residence.

 

[tansha]

Thankyou all...

This forum is truly a great help! I guess there is no ambiguity about our ineligibility at this point in time and we need to figure out how best to maintain our green card status.

I will be doing some research on this and welcome any suggestions from members...thanks once again!

Tansha