Residency Question

[swapdude 3]

Hi,

I have my interview coming up on January 7 and I recently received a letter for USCIS for additional evidence needed on my case.

I got my PR in Nov 2003, I can to US for 3 days .. did the process, registered for Selective Service and went back to India in 3 days because I had my exams coming up.

I stayed out of the country for 9 months and came back to US in Aug 04 and have been here since then.

The letter from USCIS wants me to prove that I did not try to give up my Residency during that period by showing proof of home/lease agreement, utility bills, tax return, bank statements etc.

Now I do not have any of that information during that period because I came to the US just for 3 days.

What can be done ? Will my transcripts and certificates from India suffice as I was a student back then ..

Please advice

Thanks,

[w¡n9Nµ7 §£@¥€r 123]

Of course your transcripts from India won't suffice. They don't prove you established and maintained residency in the US.

[asid 0]

Swapdude, you need to show evidence that you maintained US residency while you were back in India between Nov '03 and Aug '04. The list of items the USCIS asks for will prove that you maintained residency in the US, even though you weren't physically in the country. If you did NOT maintain residency then your clock might reset to Aug 2004. This means you'll be eligible to apply for naturalization (assuming naturalizing after 5-yrs of residency) around June 2009.

[swapdude 3]

I have my interview scheduled for 7th January .. Are they going to push my date back then at the interview ?

The requirement document includes utility bill, rent etc which i do not have .. can i back file my tax return ?

Can anything be done

[KyngSilva 0]

Do you have any bill or anything thing that is in your name in the states for the time you were gone. WHo did you stay with when you came here for 3 days? Did you maintain any residence out here?If not then like the above people stated that they will move your date.

Edited December 17, 2008 by KyngSilva

[warlord 73]

Anything over 6 months out of the country, you need to prove you resided in the US. You need to show bills, rental/mortgage payments etc, employment (if you worked outside of the US that will be a big issue if not for a US company) etc.

It's all up to you now to prove you resided in the US and the 9 months was temporary, you didn not 'live' there etc. They might not only deny your N-400 but you could risk jeapordizing your Green Card if they found you broke the rules by not maintaining residency status. The way you stated that you were only here 3 days then left, seems like you broke the residency and possibly could have your green card revoked...

[swapdude 3]

I don't have any utility/rent bills etc as they would have made no sense at that point.

I think I will have to go to the interview and they will ask me to reapply in may ..

[Flames9_RN 358]

or as warlord stated, they could revoke ur greencard!! There are residency requirements one still has to meet when one has a greencard

[asid 0]

I don't have any utility/rent bills etc as they would have made no sense at that point.

I think I will have to go to the interview and they will ask me to reapply in may ..

Speak to and/or retain a lawyer. This could be money well spent considering some of the potential unfavorable outcomes mentioned by the other VJers. The lawyer won't be able to undo the past but he maybe have dealt with others in your situation.

[diadromous mermaid 36]

Need more timeline information from you. You say you acquired PR in Nov 2003, how? And when did you enroll in school in India?

Hi,

I have my interview coming up on January 7 and I recently received a letter for USCIS for additional evidence needed on my case.

I got my PR in Nov 2003, I can to US for 3 days .. did the process, registered for Selective Service and went back to India in 3 days because I had my exams coming up.

I stayed out of the country for 9 months and came back to US in Aug 04 and have been here since then.

The letter from USCIS wants me to prove that I did not try to give up my Residency during that period by showing proof of home/lease agreement, utility bills, tax return, bank statements etc.

Now I do not have any of that information during that period because I came to the US just for 3 days.

What can be done ? Will my transcripts and certificates from India suffice as I was a student back then ..

Please advice

Thanks,

[swapdude 3]

Hi,

Got my PR in Nov 2003

Came back in Aug 04

I was already enrolled in India for my Bachelors .. I just had to finish my 7th and 8th semesters.

Files in Sept 2008 ..

Met a few laywers .. they said that if the 8 months when i was out .. if that was close to 2008 then i had a slim chance of loosing PR but not when it was way back in 2003

Regards,

Edited December 18, 2008 by swapdude

[asid 0]

Good luck with the interview. Did the lawyers suggest how you might address the issue of staying out of the country for more than 6 months in 2003?

[swapdude 3]

Hi Asid,

I contacted a few lawyers and they had contracting opinions.

Few said that they will push back my date, few said i should create an affidavit stating the conditions under which i had to go back and i should be good.

Lets see how it goes ..

Swap

Good luck with the interview. Did the lawyers suggest how you might address the issue of staying out of the country for more than 6 months in 2003?

[moonhunt 1]

I don't have any utility/rent bills etc as they would have made no sense at that point.

I think I will have to go to the interview and they will ask me to reapply in may ..

In worst case, they can cancel your green card, and start deportation process since you didn't follow US immigration law.

Don't think everything for your convenience.

Immigration logic is different from common sense sometimes.

Immigration VISA was given to you since you express the intent of immigration, and living in U.S. for your lifetime.

If USCIS doubt your intention to live here as primary residence, you can be kicked out at any time.

Actually I was surprised that you were admited to come to U.S. with that long 9 month absense...

I'm curious how you did receive your plastic I-551 green card in mail.

Usually they mailed the plastic card in 2 ~ 3 weeks later to permanent residence where you did report at POE with immigration visa.

If I were you, I will look for good lawyer right away. You don't have much time.

Or you can send interview reschedule request via certified mail with valid reason such as... "I need more time to collect the evidence what USCIS is requested for."

Then find the good lawyer with reasonable evidence.

It really depends on whom you are dealing with.

You may ask lawyer to come with you for interview for better defense.

Edited December 29, 2008 by moonhunt

[swapdude 3]

Hi all,

I really thought that I should update this post for anyone who is in my situation.

I had contacted 2 laywers one said i was in trouble, the other (a bigger one ) said that i should not worry about anything at all.

I had my interview on the 7th and it went really well. The interviewer just went over the n400 .. and then 8 questions .. reading and writing and that was it. and while she prepared the oath document // we just plain chatted.

She did not ask me why was i out of the country, did not ask for transcripts, no tax returns nothing at all. Really strange she did not even mention anything about the yellow letter that i had received.

So I guess .. the interviewer clearly understands the situation here .. if the reason is genuine enough to be out, i really do not think they enforce the rules that strictly.

Anyways I am happy that my journey has ended.

Good luck to all of you who are still in the process.

Thanks!