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Pages: First 54 55 56 57 58 Last  (Viewing page 56 of 115 ) - topics in the last 5 years
N-400 - Physical Presence - To Give Up or Try
7:24 am February 6, 2021

Harry245

Harry245

Read 2015 Times
13 Replies



Hey everyone. Need your advice again. I posted earlier about my issue in another topic, but as this is related to physical presence on N-400 specifically, I thought it best to start this question fresh.

I got my LPR on the 29th of May 2015.

My N-400 application was accepted on the 15th March, 2020 (filed early under the 90 day rule).

On the 18th of March, 2020 -- I left on an international trip and soon found myself stranded outside of the US due to the pandemic international travel bans, and because I was advised by my heart doctor not to fly due to Morbidity risks with Covid (due to scarring). And the complications kept coming (as you'd see in another post).

My work has me moving between two countries frequently (I'm in the film industry). I've had an apartment in LA since 2016, and have always filed my taxes, etc. The US is my home. But often the work requires periods of travel (shooting, pre, all of this fun).

My trips outside the US between 05/29/2015 and 05/29/2020 are as follows :

image.png.795e4328a3d9eed7819d1b929a4a0933.png

As you'd see... when I submitted my N-400, I was within the threshold for proving physical presence. Continuous residence, I have hoped, is not an issue as I've always had US employment during the whole five years.

But then Covid changed everything post N-400 application.

I've finally gotten a second interview date (I had to reschedule the first because I couldn't secure a flight to US in time -- a problem that's still going). that's for March 8th.

Although my doctor says it's an unacceptable risk to fly, my immigration lawyer disagrees. Not the least as I'm approaching twelve months stuck out of the country and I might be looking at an immediate loss of my GC.

The situation, for me, is dire. Even when you take the Covid risks out of the equation, cheapest flight available to me will cost $20K.

I'm looking at the maths of it all... and unless I'm missing something... appears I've completely blown the 913 day requirement... all by half a month. Even if I can prove continuous residence (which my lawyer is positive about) -- I don't see any stories on here about the physical presence requirements getting special consideration due to the Pandemic.

And since I'm so far past the 25/05/2020 mark now... my guess is all I'll hear in my interview is an automatic denial and be told I need to start the naturalization journey all over again for a new five year uninterrupted period.

All things considered, I feel defeated and stressed and lost over it all. My thoughts right now are to withdraw my N-400 and just let my Green Card lapse over into a twelve month absence, and apply to reactivate it when there aren't one in eight people with Covid-19 in my neighbourhood.

I see the issue from all sides. Rules and rules. And I get it

Just hoping for some advice... or even just to hear I'm right and to withdraw.

The last lawyer I spoke to charged me $650 for a thirty minute consult. And as my experience with visas and GCs and all things immigration has taught me over the last ten year journey (I used to be on 01s)... it's that lawyers just say anything to get paid. But they can't change my time away from the US from 929 days to 913 days no matter how good they are.



 
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I'm abandoning my GC. What if I don't show up for the interview? I want to return to Australia
5:33 am February 1, 2021

tom3227

Tom3227

Read 3805 Times
44 Replies



Hi.

My i-751 ROC is from fricking July 2018. 30 months to process an application, 13 months since my case is Waiting to Schedule for an Interview. I'm done. I'm moving back to Australia. Can anyone with more experience please comment on how long I can stay if I don't show up for the interview, whenever they book it? I'm planing on leaving within 3 months, but if they call me sooner I would like to stay 3 more months to sell everything before I go.

Thanks for your replies!



 
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AFP National Police Check - change of wording
3:33 am February 1, 2021

midsummer



Read 5893 Times
17 Replies



Just a head's up for anyone requesting a national police check from the Australian Federal Police. From December 15th 2020, code number 33 Immigration/Citizenship for Supply to the Department of Home Affairs, will result in a certificate, that shows 'Immigration / Citizenship - Australia'. It used to say, 'Complete Disclosure All recorded offences released'. So if you've read the forum here or requested one previously and wondered if you've ordered the right one, this post is for you.

The change was published here: https://www.afp.gov.au/what-we-do/services/criminal-records/national-police-checks



 
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IR5.waiting for interview SYD.Consulate
9:21 pm January 30, 2021

Bec 63



Read 427 Times
5 Replies



Last year Nov.2020 receive a email from CEAS that my interview been cancelled to re- book again.then later on the NVC expeted your case without your knowledge sent all your case to Syd. consulate.

I had inquire them by email and phone call. Jan.2021 they sent me email stated due to President no relatives can come in tell Band is lifted. which well be end of March 2021.

Im 64 yrs old retired Reg.Nurse.I got enough to support my self when I go to US.

My question is do my son need to re-apply again and does you case get exp.



 
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Melbourne Medical Experience
11:37 am January 30, 2021

ErinB

ErinB

Read 2351 Times
5 Replies



Alright. I'm going to do this before relief takes over and all my frustration subsides.

Today, friends, I have a little review for you, of a Dr Okraglik at Toorak Village Medical Centre.

It just so happens that, after a very long and anxious wait, my husband and I applied for an expedite of our application - which was at NVC and DQ'd - and it was successful. Our paperwork was sent to the consulate, and we got the long awaited email towards the end of November about scheduling an interview. At that time, the NSW/VIC border was still shut, so we deferred our appointment until we could attend. All said and done, we ended up scheduling an interview for 8am December 22nd, which was close on a month after we made the request, which we chose to do to give us a decent amount of time to get ready.

Well. The 22nd was a Tuesday, and on Sunday afternoon the border between Sydney and VIC was announced to be closed. We tried desperately to reschedule our interview come Monday morning, but it wasn't enough notice. So, with only a few hours notice, I stuffed a handful of clothes and all my paperwork in a suitcase, my friend zoomed me to the airport, and I flew to NSW, went to my interview, and just assumed I'd be stranded there until they opened the border - also pretty convinced that I was going to lose my job as a result. I was just about to head off to Newcastle to be stranded with some distant family so I wasn't just paying for a hotel indefinitely, when I decided to use my flight credit from my original cancelled flight to Sydney, to book a flight home and see if I could board the plane. If I couldn't no harm no foul. But if I could, they'd have to let me into hotel quarantine. I made it just in time - only few days later, people started having their border passes checked at the boarding gate and denied boarding without one. I went into hotel quarantine in Melbourne and stayed there over Christmas. I had to give up my original medical assessment appointment because I couldn't be back in Melbourne in time. I had to find someone to look after my dogs for two weeks I didn't expect to be gone. I thankfully got to keep the job I'd only started a few weeks earlier, even though I was gone for in total 3 weeks as opposed to the 2 days I was supposed to be gone.

All this is to say: it was a very stressful time. And after the year of uncertainty we've all had, with this ^ BS as the cherry on top, I really did not need another run around...

Which is why, when I booked my medical appointment, I just wanted to get it over and done with as soon as possible. I wanted to get all the things done while I was already taking time off of work, and honestly before I pretty much just collapsed in a ball of stress and anxiety. I called Toorak and Sonic, and Toorak had an appointment available on the 7th, the day after I was released from quarantine. There was a catch though: immediately after that, on the 8th, the doctor was going away on holidays until the 25th. They asked if that was okay, stating the doctor would have to sign off on all the results and send the report on the 25th. I said sure.

I read on one of the threads in this forum that if we got any missing vaccinations at our regular gp, they were covered by medicare. I looked up the CDC guidelines for what vaccines I needed, and compared them to my vaccination history.

I had a severe allergic reaction to the Whooping Cough (pertussis) portion of the Tdap vaccine when was very young. I was hospitalised and they discontinued the further two doses of that particular vaccine, giving me an alternate mix that didn't include the pertussis part. I have this documented. I spoke to my husband a lot about my concerns that this nurse's chicken scrawl from 3 decades ago wasn't going to cut the mustard, the doctor wouldn't believe me, and would insist that I got the pertussis vaccine - which obviously I did not want to do, as I knew the reaction happened and that it could be really risky for me to have that vaccine again. My husband very kindly researched it for me and showed me that the CDC specifically says, for visa medicals, that if the patient has contraindications or a history of serious allergic reactions, they should not be given this vaccine. This made me feel a lot better.

With all my information gathered, I saw that the only vaccine I would need was a tetanus shot, so I went and got that on the 7th, a few hours before my medical assessment.

Now. Here we go.

I get there and everything goes pretty smoothly for a bit. They ask for my passport but seem confused when I tell them I don't have it, because the consulate has kept it at my interview. After much discussion amongst receptionists, they decide that my driver's license will be fine. I fill out all the forms, and very soon the doctor comes out and gruffly calls my name, speeding off down the hallway and pretty unamused that I seem to be unable to keep up with him.

When we get into the room he asks me a couple of general questions, and then asks for my vaccination history. I give him all my childhood records, and the record from my tetanus needle earlier that day. He looks at it, then looks at me, and says "why did you do that?"

I said "oh, I knew I needed it done, and I read it was easier and cheaper to get done at my gp, so I did."

He furrows his brow at me and replies "well, that was stupid, because now this computer program won't let me enter in today's date for your vaccination history. Because it's a HISTORY."

....I bit my tongue and stopped myself from explaining that any time that had already past was considered history and that that did, in fact, include 4 hours prior when I got my tetanus needle. I also stopped myself from telling him that that sounded an awful lot like a him and his computer problem, and not a me problem.

But I really wanted to.

He continued asking me the usual and expected questions about history of illness, family medical history, history with drugs and alcohol. I told him that I do drink: on average about 1-2 drinks per week. He then moved on and asked about previous surgeries, and I told him that I'd had quite a few, listing them all (all for actual injuries, not for anything that would be cause for immigration concern). I get to my broken arms and he says "so, you didn't have surgery?"

I said "yes. I did. They put me under general anaesthesia..."

He scoffs and says "that wasn't really surgery. They just moved it back into place."

......k

He then asks again about whether I have a history of drug or alcohol use. I tell him the same thing.

He moves on to asking about my vaccination history and why I went to get my tetanus vaccine. I repeat the same thing I told him earlier. He says "you'll need a Tdap, and another MMR you need two doses, and a flu vaccine".

As far as I understand: 2 doses is ideal for MMR, but 1 is sufficient, and is considered a lifetime dose. The flu vaccine is only given in flu season, which it currently is not" Whatever, I shut up about those. But I spoke up about the Tdap. I directed him to the documentation of my reaction when I was younger, and explained that that morning I had specifically gotten the vaccine that did not include pertussis.

He said "that probably wasn't a true reaction."

I said "well, at the time it was treated very seriously, and I have always been warned by my parents and family doctors to not get this vaccine..."

"You would likely not be allergic to the new version."

"Do you know that for sure?"

"....it's unlikely."

"Is this something I absolutely have to get?"

"....If you're not planning on having kids in the next few months, it's not required, But you should have it done."

"With all due respect, if it's not required, it's really not a risk I'd like to take."

"Why? You'll probably be fine."

"Because my support network is currently living in another country. My parents aren't around, I'm an only child. I have no family to help me if I do suffer a reaction. I'd really rather not take that risk."

"...Fine."

After that uncomfortable exchange, he then asked me about drugs and alcohol. Again.

By this point I'm starting to wonder if I give off some sort of vibe.

The rest of the exam went uneventfully, though he asked me the drugs and alcohol question a total of five times.

The nurse took me in to do all my measurements, an eye test, and give me my vaccines. She was very nice and asked lots of questions about my husband and I while I was there, being very chatty. Which could have been mistaken for just idle chat had she not been intensely interested in my tattoos. All of them. Exactly where I got them and what they meant. And maybe she really was just a tattoo aficionado and I'm just paranoid. Or, maybe, the interview portion of the medical assessment wasn't entirely over.

The rest was easy. Blood test, urine test, xray, done. I went home and excitedly waited for the 25th.

Come Monday the 25th, I open my CEAC tracker and my email, waiting to hear from the doctor.

Nothing.

At midday I call just to get a sense of what even the order of operations is here: will they tell me when it's submitted or if there's a problem, etc?

The receptionist, Zoe, answers the phone. She sounds a little annoyed by my nervous questions. Fair enough, I think - I've also been a receptionist/customer service person, and like almost everyone who's worked in one of those jobs, I hate people. Which one happened first? Who knows, one of the great mysteries. Zoe tells me that the doctor will submit the assessments at the end of the day and as it's his first day back, he may decide to stay until 8 or 9, so...

Alright. At least now I know to just back off my CEAC tracker and wait.

At 5:30, as I'm walking out of work after a very unproductive day of being unable to concentrate on anything else, I get a call. It's Dr Okraglik himself. He proceeds to tell me that my license has recently expired - I of course know this and have already renewed it. He explains that as it expired while he was away, the computer system will not allow him to use that as my ID because the ID is now invalid. He says "so you should bring the passport you forgot at the appointment and we can photo copy it". I tell him I didn't forget anything, and that the consulate has my passport. He says "oh, yes, right right" and for a minute I stop being annoyed with him because he all of a sudden sounds like an old man who just can't get this darn technology to work and he's trying, and honestly that's me on most of my days, so I felt like we understood each other a bit better. He said he would email the consulate that night asking them what he should do.

Tuesday was, of course, a public holiday so nothing got done.

Wednesday I wait until about 2pm and hear nothing, so I call the doctor's office. They inform me that he doesn't work on Wednesdays.

.....

On Thursday, I email Zoe. I make sure to hide my rage and be very nice. Zoe and I strike up an unusual but adorable friendship that I know will not last a lifetime, but will at least last until she forces Dr Okraglik to do his job. She tells me she'll chase it up, but confirms that the email was sent to the consulate, and there's nothing they can do.

I hear nothing for the rest of the day.

Whilst all of this is happening, I'm actually talking to another person on VJ who's in exactly the same boat: their medical is sitting right there with mine, waiting to be submitted. Only he's now being waiting more than a whole month. I'll let him jump in and tell his whole story because holy moly, but rest assured that after a MONTH of waiting, and knowing they had absolutely everything they needed to submit his assessment, this person was told things like "something came up" when he asked for an explanation as to why this was taking so long. Big yikes.

On Friday, I send Zoe a charming good morning email asking for an update. She says I should definitely email the consulate and ask them to reply to Dr Okraglik's email. I do. They reply and tell me that the doctor's office neVER EMAILED THEM. But now that I have, they'll send a copy of my passport over so the assessment can be submitted. Finally, at the end of Friday, I get an email from Zoe confirming the medical is submitted.

Potentially I just caught him on a bad day. Or maybe I caught him in a bad year, who knows. But, as I've heard from some other commenters in other threads, this guy and his team have a bit of a reputation.

I'm just sayin': if you've got the choice, I would probably avoid this place. Go to Sonic Health. Every person I've seen coming back from there says it's fantastic. I hate to bring out my inner Karen, but this guy was....a lot.



 
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