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Recording for July 25, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.
My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.
He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.
What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?
Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.
Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.
Never Forget Passing the US Citizenship Interview
On the date of my first interview in the city of Hartford, I felt i got my feet back on the ground since i been waiting for so long for the past of half year. The whole first interview took around 40 minutes and DID NOT pass, because the Adjudications Officers claims my application missed 3 pieces of evidences that I suppose to bring them with me.
1. The past 2 years tax reports, including the State and Federal tax reports.
2. The IRS document I-1722, which states my pervious tax filing status.
Citizenship and Naturalization
Citizenship
There were 4 applicants, all members of a family. USCIS denied them citizenship stating that they were not able to show that they maintained continuous residency requirements for citizenship. Two of the applicants were students. They had gone abroad to study. One of the students had a shoplifting charge against him in the USA and had this as additional ground for the denial.
Citizenship and Naturalization
Citizenship
We filed for Citizenship for a couple living and working overseas on an N-470 for a US company. The couple had met all the requirements for Citizenship, but the US employer needed them to remain overseas until the project was completed. During the processing of the application, they returned to the United States for the fingerprinting and interviews.
Citizenship and Naturalization
N-400 Petition Where Applicant Remained Outside U.S. for More than 400+ Days
We filed an applicant's N-400 Petition for Citizenship where the applicant was out of the US for 400+ days. USCIS issued a RFE requesting information about the applicant's stay outside the United States without the requisite N-470. We were able to provide several arguments justifying the out of country stay, demonstrating that the applicant had no intention of abandoning US Permanent Residency.