Boston MA - N-400 Experience
Applied - 11/12/14
Biometrics - 12/11/14
Interview - 3/12/15
In line for Oath- 3/23/15
Oath ceremony notice mailed -3/25/15
Oath Ceremony: 4/22/15
US passport: 4/23/2015
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Sister's Green Card
Question details
I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card.
US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues
Question details
I am a US citizen and would like to sponsor green card for my parents once they arrive here. I have couple of questions related to that. 1) My mother’s birth certificate contains name before marriage, is this going to be an issue? Her passport contains her name after marriage. Her mother and father expired long time back, and she is the eldest daughter. 2) My parents does not have marriage certificate with them what are the options. They cannot go their original place to get the marriage certificate 3) My father does not have birth certificate but has College degree/certificates mentioning his date of birth. Will this suffice the requirement, if not what are the options he has? Again he is not in a position to go to his birth place nor is he in position to take help from his elders to give affidavit for him. His mother and father passed away long time back.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
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.
Question details
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.
FAQ Transcript
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.