Should I hire an immigration attorney or file myself?

[zap0paz 0]

I have been debating whether I should file with or without hiring an experienced immigration attorney.

I have come to US in 2009. And not long after, I returned back to graduate from an undergraduate school. Graduated with honors. Little long after 6 months, in 2010 I have returned to US and stayed over 6 months. I had applied to graduate schools and was waiting for results. Around holiday season, I took another short intended trip to visit beloved ones. Admission results were appealing however, I did not return back due to a medical emergency with one of the immediate family members. Almost a year later but before the clock hit 1 year mark, few days short, I was back in the states again and I started at the graduate school of my choice. I applied to another school.

I made necessary inquiries to obtain medical documents on an immediate family member's health condition for 2011, but health facilities did not find family member's medical records for 2011. They lost it. I currently do not have documents related to health conditions in 2011 while I have medical documents for 2012 and 2013 proving the condition.

Since then, I have been out of the country dozen times for short durations, usually not exceeding 15-25 days, for business and leisure purposes. I have accurately recorded number of visits, countries which I have visited and duration of each visit.

While I was gone for almost a year, I still had paid for the apartment I was leasing jointly with a roommate. I have a copy of the lease agreement. Bills were paid by my roommate and I reimbursed her in cash. I kept my bank account open for the whole duration as I was intending to return earlier.

To sum up the situation:

I stayed longer than 6 months, shorter than 12 months outside of the U.S. in 2011, almost all 2011. Since that return, it has passed over 4 years and I have not taken any longer trips. My supporting documentation to help me prove that I did not want to abandon my green card are:

-Registered for the selective services as soon as I came to U.S. in 2009

-University acceptance letters showing my intention to return and start graduate degree in the states

-Proof that I did not work abroad

-Continued to pay for leased apartment

-Continued to pay my AT&T bills

-Active US Bank account

and documentation to prove that I did not disrupt the continuous residency requirements are:

-Proving document that shows I did not work abroad

-Continued to pay for leased apartment

-Immediate family member's medical condition proving documentation for years 2012 and 2013

-I filed/paid taxes for all years

[Okalian 41]

I take it you didn't read the N-400 guide. Please take a moment to read it, particularly pages 22-23.

https://www.uscis.gov/sites/default/files/files/article/M-476.pdf

[zap0paz 0]

I take it you didn't read the N-400 guide. Please take a moment to read it, particularly pages 22-23.

https://www.uscis.gov/sites/default/files/files/article/M-476.pdf

I had read M-476 before but I have read again those pages you recommended. However, I am not sure if you carefully read my situation and concerns. Could you point out please and tell me how do you think M-476 page 22 and 23 addresses my questions?

[Penguin_ie 5,993]

An attorney cannot help you.

[Transborderwife 4,666]

You don't qualify for citizenship due to being out of the country too long.

[zap0paz 0]

An attorney cannot help you.

Why do you believe that it is true that an attorney won't be a help?

[Transborderwife 4,666]

An attorney cannot qualify the disqualified

[zap0paz 0]

You don't qualify for citizenship due to being out of the country too long.

Did you read immigration law in the past? For example, section 316.5 c states:

c Disruption of continuity of residence—(1) Absence from the United States—(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

A The applicant did not terminate his or her employment in the United States;

B The applicant's immediate family remained in the United States;

C The applicant retained full access to his or her United States abode; or

D The applicant did not obtain employment while abroad.

If you read my situation carefully, C and D applies to my case. Therefore, I am more leaning towards hearing someone with similar situation or legal experience with a similar case.

Reference: https://www.law.cornell.edu/cfr/text/8/316.5

Edited January 24, 2016 by zap0paz

[jam2016 10]

Not sure if you recount and sums up all your travel or stay abroad between your LPR period. If you already met 5 years continuous stay, you should be OK.

But as everyone has already indicated, I believe you are currently not met with the time of presence (or) continuous stay in the United States for 5 years (or 3 if you are married to USC). You need to meet the time requirement before you are eligible for the adjustment or USCIS will just flat out deny your application and return it to you. They may or may not take the application fees but fairly positive that no one (an attorney or otherwise) can help you except you by meeting the requirement.

So, stay a bit longer in the U.S to meet the requirement and file! Or only you can tell exactly how many days you have taken off from the U.S soil and check your length of presence in the U.S is almost 5 years.

Edited January 24, 2016 by jam2016

[jam2016 10]

Thinking about your situation, it seems you had a break in your continuous residency in the U.S when you were out of the country in 2011 for almost a year. So, you need to start counting your residency requirement after coming back to the U.S since that date.

May be I am wrong but it's what I am thinking.

[zap0paz 0]

Thinking about your situation, it seems you had a break in your continuous residency in the U.S when you were out of the country in 2011 for almost a year. So, you need to start counting your residency requirement after coming back to the U.S since that date.

May be I am wrong but it's what I am thinking.

I have proof for the following:

C The applicant retained full access to his or her United States abode; or

D The applicant did not obtain employment while abroad.

Not sure if you recount and sums up all your travel or stay abroad between your LPR period. If you already met 5 years continuous stay, you should be OK.

But as everyone has already indicated, I believe you are currently not met with the time of presence (or) continuous stay in the United States for 5 years (or 3 if you are married to USC). You need to meet the time requirement before you are eligible for the adjustment or USCIS will just flat out deny your application and return it to you. They may or may not take the application fees but fairly positive that no one (an attorney or otherwise) can help you except you by meeting the requirement.

So, stay a bit longer in the U.S to meet the requirement and file! Or only you can tell exactly how many days you have taken off from the U.S soil and check your length of presence in the U.S is almost 5 years.

Everything counts for continuous residency requirement, so both ins and outs from US counted and it passed 5 years.

[jam2016 10]

I have proof for the following:

C The applicant retained full access to his or her United States abode; or

D The applicant did not obtain employment while abroad.

Everything counts for continuous residency requirement, so both ins and outs from US counted and it passed 5 years.

I can understand your points there. I guess you need to properly document and send all the evidence and the statements along with the application that your continuous residency was maintained all this time when you were abroad.

Retaining an attorney or consulting with one could be beneficial but may not be necessary if you are have all the evidence to prove that you meet the criteria under the article C.) and D.)

An attorney can only helps you prepare what you miss but could not produce anything out of thin air to make a case for you so you must have these evidences already gathered on your own.

In case you decide to get an attorney, talk to several on the phone about it (usually phone conversation is free) and get the one who you feels is more competent.

Good Luck with your N-400 App!

[zap0paz 0]

I can understand your points there. I guess you need to properly document and send all the evidence and the statements along with the application that your continuous residency was maintained all this time when you were abroad.

Retaining an attorney or consulting with one could be beneficial but may not be necessary if you are have all the evidence to prove that you meet the criteria under the article C.) and D.)

An attorney can only helps you prepare what you miss but could not produce anything out of thin air to make a case for you so you must have these evidences already gathered on your own.

In case you decide to get an attorney, talk to several on the phone about it (usually phone conversation is free) and get the one who you feels is more competent.

Good Luck with your N-400 App!

Thank you for the support. I have talked to couple of them, might just submit myself and later retain the most competent one if I change my mind.

[F & J 21]

Since that return, it has passed over 4 years and I have not taken any longer trips.

You mentioned that it's been over 4 years since you returned so another option would be to wait until the 5 year mark if it's really close? Then of course still submit all documents that you have showing you had no intention of abandoning your permanent residency as well as your documents regarding continuous residency.

Edited January 25, 2016 by F & J