N-400 - Covid Fears and Physical Presence At Risk

[Harry245 0]

Hi there.

 

Been checking this forum religiously all year.

 

My N-400 application was accepted back in March 2020.  Then... the pandemic hit the US.

 

I made a heartbreaking decision to rush back to Australia in April 2020, before the borders closed, after my father was diagnosed with liver cancer.

 

At the time, I never imagined I'd be away from the US for over six months.  I figured in a month or so the worst of the pandemic would be over and I could return now the borders were reopen.

 

But this never happened.  It's Jan 2021.  Australia is still enforcing a travel ban to the US.  My dad is sick, but fighting.  And I'm watching on the news every day as stories of Covid running wild in California play out.

 

I've heard of stories of US citizens managing to get back to the US with special permissions -- but the wait to return can 4-6 months because of the tough border measures.

 

It's an unprecedented thing in an unprecedented time -- and I've somehow found myself in the perfect storm of it all.

 

After MONTHS of nothing from USCIS, and zero help from the US consulate in Sydney,  I got a biometric reuse notice in December 2020.  Then yesterday (Jan 4), I got a notice that my interview has FINALLY been scheduled for Feb 10, 2021.  Progress.   Sort of.

 

I'm really stressed and confused about what to do now.

 

I don't want to risk being locked out Australia during my father's final days.  But I'm also upset because I've lived and worked in the US since 2009 (first on 01s then an EB1).  I pay my taxes.  I've kept up rent on my apartment in the US, even though I've been unable to get back to it for over a year.  Getting naturalized means so, so much to me after all these years being treated as an almost equal in the US.... but never a real equal.

 

If I request another interview date because of the above mentioned fears, I'm might be at risk of having been out of the country for over 12 months (remember - I left in late March 2020).  Which - I'm guessing is an automatic denial.

 

In which case -- is there any point?

 

Jumping on a plane right now, with California as it is, to attend a N-400 interview whilst the state is in complete lockdown seems utterly insane.

 

Is anyone else experiencing something similar?

 

Do you know if USCIS is still drawing such a hard line of physical presence requirements at a time when almost all international air travel has been grounded???

 

I know there rules and what the website lists as conditions for N-400.  I've been over the requirements a thousand times.  But surely, in times like these, there must be special considerations taken?

 

If this was 2019, I could have gone back to the US multiple times.  I wouldn't risk losing a parent and not being there for their funeral.  I wouldn't be risking my own health, and others, with air travel.  But it's a whole different world in 2021.

 

And if I withdraw my application (like my family keep asking me to)... I'm back to needing to wait four years before I could apply again because of all this.

 

I've been grappling with this and making myself sick with worry for months and months now.

 

Any suggestions?  Ideas???  Please.  I'd be so grateful.  Grateful enough just sharing this story with people who might understand what the hell keeps me up at night....

 

 

[Dashinka 24,349]

Well, if you do get back to the US prior to being gone one year, you may be able to overcome the break in continuous residence, but if you are gone for over a year I think the N400 becomes null and void.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

The other thing you need to consider is losing your LPR status if you are gone for more than a year without a re-entry permit.  It is a tough situation you are facing, but it is a decision only you can make based on all of your priorities as well as your assessment of what is most likely to occur.

 

I wish you good luck! 

[NotMoreForms 68]

Not an easy choice.  I had to work through a similar process with my father but I was stuck in the US as my father was not that bad when the Pandemic started.  It is possible to leave Australia without too much trouble if you "normally reside overseas".  As far as I am aware California has no quarantine for people coming from overseas, so there is no time lost there.  Depending on your interview you may be stuck in the US some time until you have your Oath ceremony (some places do same day) and then until you get your US passport, though you may be able to get an urgent passport based on a close relative being extremely ill.  You will have 2 weeks quarantine or return to Australia which you must pay for (unless they grant you an exemption due to your fathers condition).

 

In my case I had many long discussions with family and largely based on their input I made the hard decision not to rush over.  In the end it was all so quick that I would have been stuck in quarantine when he passed so would not have seen him anyway.  My cousin who lives in Singapore has entered and left twice now but she can work remotely and finds she gets a lot of work done while in quarantine.

 

 

 

 

[carmel34 3,609]

9 hours ago, NotMoreForms said:

As far as I am aware California has no quarantine for people coming from overseas

Check before traveling as things change.  Right now, LAX has a ten-day quarantine requirement for arriving passengers, SFO has a 14-day quarantine rule.  Not sure how they enforce these but that's the current situation in California given the rapid spread of the virus.

[retheem 564]

On 1/6/2021 at 4:26 AM, Harry245 said:

Hi there.

 

Been checking this forum religiously all year.

 

My N-400 application was accepted back in March 2020.  Then... the pandemic hit the US.

 

I made a heartbreaking decision to rush back to Australia in April 2020, before the borders closed, after my father was diagnosed with liver cancer.

 

At the time, I never imagined I'd be away from the US for over six months.  I figured in a month or so the worst of the pandemic would be over and I could return now the borders were reopen.

 

But this never happened.  It's Jan 2021.  Australia is still enforcing a travel ban to the US.  My dad is sick, but fighting.  And I'm watching on the news every day as stories of Covid running wild in California play out.

 

I've heard of stories of US citizens managing to get back to the US with special permissions -- but the wait to return can 4-6 months because of the tough border measures.

 

It's an unprecedented thing in an unprecedented time -- and I've somehow found myself in the perfect storm of it all.

 

After MONTHS of nothing from USCIS, and zero help from the US consulate in Sydney,  I got a biometric reuse notice in December 2020.  Then yesterday (Jan 4), I got a notice that my interview has FINALLY been scheduled for Feb 10, 2021.  Progress.   Sort of.

 

I'm really stressed and confused about what to do now.

 

I don't want to risk being locked out Australia during my father's final days.  But I'm also upset because I've lived and worked in the US since 2009 (first on 01s then an EB1).  I pay my taxes.  I've kept up rent on my apartment in the US, even though I've been unable to get back to it for over a year.  Getting naturalized means so, so much to me after all these years being treated as an almost equal in the US.... but never a real equal.

 

If I request another interview date because of the above mentioned fears, I'm might be at risk of having been out of the country for over 12 months (remember - I left in late March 2020).  Which - I'm guessing is an automatic denial.

 

In which case -- is there any point?

 

Jumping on a plane right now, with California as it is, to attend a N-400 interview whilst the state is in complete lockdown seems utterly insane.

 

Is anyone else experiencing something similar?

 

Do you know if USCIS is still drawing such a hard line of physical presence requirements at a time when almost all international air travel has been grounded???

 

I know there rules and what the website lists as conditions for N-400.  I've been over the requirements a thousand times.  But surely, in times like these, there must be special considerations taken?

 

If this was 2019, I could have gone back to the US multiple times.  I wouldn't risk losing a parent and not being there for their funeral.  I wouldn't be risking my own health, and others, with air travel.  But it's a whole different world in 2021.

 

And if I withdraw my application (like my family keep asking me to)... I'm back to needing to wait four years before I could apply again because of all this.

 

I've been grappling with this and making myself sick with worry for months and months now.

 

Any suggestions?  Ideas???  Please.  I'd be so grateful.  Grateful enough just sharing this story with people who might understand what the hell keeps me up at night....

 

 

In the eyes of the USCIS, you had a choice to stick it out until you did your citizenship. At the end of the day they will still enforce their rules. Tough to tell you this but that's how these guys roll.

[NotMoreForms 68]

28 minutes ago, retheem said:

In the eyes of the USCIS, you had a choice to stick it out until you did your citizenship. At the end of the day they will still enforce their rules. Tough to tell you this but that's how these guys roll.

Unfortunately I have to agree.  I don't think you will get any special treatment because of Covid.  In their eyes you should have rushed home (which is in the US) once the pandemic hit.  I think you have to weigh the risks of what will happen in the interview, impact on your LPR status, and being with your father during this time.

 

BTW I noticed you tried contacting the consulate.  Try the embassy they are much more likely to be operational (at least at some level) during the various Covid restrictions.

[Sebat4 77]

USCIS is one of those departments that really doesn't bend their rules for anyone. I would suggest to try and get back before 1 years living outside of US. According to the law and regulations you want to become a citizen because you have ties to the US and you call US your home. You have to comeback home or you will lose your spot and might on the end lose your green card. Sucks to be in this situation and I understand what you are going through, but USCIS might not understand at all.