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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.
Next Steps On DOMA And FAQ's From The State Department (DOS)
UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA
GUIDANCE FOR POSTS
My 22 year journey comes to a close
Hello All - Just want to let you know of my interview experience today. We were scheduled for a 9:00 AM interview at the Baltimore office, and having woken up bright and early, both my wife and I were in the waiting room by 8:10 AM. Fairly simple process to check in once you get in the building and find the room. It was early so there just a few people there waiting. Seemed like people were getting called in quickly and the environment was pretty light, stress-free. I was called in 30 minutes early and was ready to go.
Citizenship and Naturalization
Supplemental Guidance for Processing I-601A Provisional Unlawful Presence Waivers
As announced in Ref A, 9 FAM 40.92 has been updated with information and guidance to consular officers related to a new final rule permitting certain immediate relatives of U.S. citizens to apply to the United States Citizenship and Immigration Service (USCIS) for an I-601A provisional waiver of unlawful presence before leaving the United States for their immigrant visa appointments. This cable provides supplemental information for posts in processing these cases.
For more information on this please click the attachment.