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Old 12-01-2014, 09:57 AM
 
11 posts, read 10,555 times
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I have been scheduled an interview on Dec for naturalization. On the letter it says if you have out of the states for more than 6 months, provides that u didn't abandon the US residence or terminate your employment in the US. I have graduated in 2012 Aug and went back to my home country for around 8-9 months for visiting friends travel and so on. During that time, I just graduate so dont have any employment in the US and I live with my relatives, so not sure how to provides rent receipts to proof. Also since i dont have income, I didn't file tax at that time. So what other evidence I can provides I didnt abandon the residence just take some time to visiting my home country? Thx a lot!
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Old 12-01-2014, 10:35 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,453,820 times
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In your other thread started today you say you're $15K in debt and planning to default on it and return to your home country.

Default on debt as an immigrant.

You seem to be in a bit of a mess and maybe should consider consulting an immigration attorney.
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Old 12-01-2014, 10:47 AM
 
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I believe having a debt wont really affect citizenship application right? Applying for citizenship is for 2 reason: one is the immigrant sponsor will no longer be responsible for me once i become citizenship. Second get citizenship will have a chance to travel back to states after years of leaving, am I correct? I default is just because I wont be able to pay for it with no jobs here at all. It's a mess but wt else i can do.
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Old 12-01-2014, 11:08 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,453,820 times
Reputation: 26726
Quote:
Originally Posted by noodlesli View Post
I believe having a debt wont really affect citizenship application right? Applying for citizenship is for 2 reason: one is the immigrant sponsor will no longer be responsible for me once i become citizenship. Second get citizenship will have a chance to travel back to states after years of leaving, am I correct? I default is just because I wont be able to pay for it with no jobs here at all. It's a mess but wt else i can do.
A $15K debt, unemployed and living with relatives might be to your disadvantage and subject you to special scrutiny. I personally wouldn't think you'd be a "shoo-in" for naturalization but either you consult an immigration attorney or just complete the application (you can do so online) and see what happens.
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Old 12-01-2014, 11:28 AM
 
3,143 posts, read 2,653,252 times
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Quote:
Originally Posted by noodlesli View Post
I have been scheduled an interview on Dec for naturalization. On the letter it says if you have out of the states for more than 6 months, provides that u didn't abandon the US residence or terminate your employment in the US. I have graduated in 2012 Aug and went back to my home country for around 8-9 months for visiting friends travel and so on. During that time, I just graduate so dont have any employment in the US and I live with my relatives, so not sure how to provides rent receipts to proof. Also since i dont have income, I didn't file tax at that time. So what other evidence I can provides I didnt abandon the residence just take some time to visiting my home country? Thx a lot!
You are asking this question 2 years too late. Before you left the country, you should have read, or asked a lawyer to read for you, the rights and responsibilities attached to your Green Card. An LPR is not carte blanche to do whatever you want and go wherever you please.

You did abandon your residence. You cannot be outside the united states, as an LPR, for more than 6 months, period. The immigration officer at the border did not check your travel documents closely enough, otherwise you would not have been allowed to re-enter the United States. You needed an advance parole document before you left:

http://www.uscis.gov/sites/default/f...urces/B5en.pdf

You would have explained why you needed to leave for such a long period of time, and USCIS would have made a determination, then, whether to allow you to maintain your LPR while away.

As it stands, USCIS will likely examine your travel documents, note that you were outside the country for more than 6 months without advance parole, deny your application for citizenship, and possibly revoke your LPR status. You should be prepared for this to happen. Make plans for what you will do if your citizenship application is denied and what you might do if you were forced to leave the USA.

It is possible that the interviewer will overlook your absence. It is also possible that you can convince them that you did not abandon your residency by showing whatever connections you have to the United States now. You can also try to bring a lot of evidence that you intended to return:

Some suggestions:
- Round trip airfare receipt, showing that you bought a return ticket before you left the USA.
- Notarized document from your relatives attesting that you maintained a residence with them while you travelled abroad.


Good luck. You are going to need it.
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Old 12-01-2014, 05:10 PM
 
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do you think i should go to USCIS office before the interview to ask them my situation and what documents I need to provides? And despite the 8 month away, I have been living in the states for almost 6 years, will this cancel out the 8 month absence? And when I leave the states, I have no idea there is a rule that resident can not leave US for more than 6 months. And other solutions might help me in this case? Thanks a lot!
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Old 12-02-2014, 01:27 AM
 
3,143 posts, read 2,653,252 times
Reputation: 11943
You need to talk to an immigration lawyer. You should be able to get a free consult. They will give you an idea of how difficult arguing your case will be. See at least 2 before you shell out any money.

Ignorance of the law is no excuse in the eyes of uscis. They are box checkers, not judges. If you haven't done everything by the book, they will come down on you.
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Old 12-02-2014, 10:17 AM
 
11 posts, read 10,555 times
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Thanks. And how do I find free immigration lawyer around nyc?
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Old 12-02-2014, 10:46 AM
 
564 posts, read 742,592 times
Reputation: 1068
Quote:
Originally Posted by noodlesli View Post
And when I leave the states, I have no idea there is a rule that resident can not leave US for more than 6 months.
How could you not have known this? I'm also a greencard holder and this was one of the first things I've known regarding LPR status. I didn't even have to look into this specifically because just reading general information on greencards and LPR status you're going to read about it, it's really one of those pieces of information that are everywhere.

So you moved to a different country and couldn't be bothered to know about the laws and regulations that would affect your status? I just can't understand this mindset.

This and your other thread about how you (foolishly) got into debt makes me think you're a bit of a mess. Anyway, good luck, I do hope you can figure this out.

Last edited by Winchupuata; 12-02-2014 at 11:03 AM..
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Old 12-02-2014, 11:12 AM
 
11 posts, read 10,555 times
Reputation: 10
Quote:
Originally Posted by Winchupuata View Post
How could you not have known this? I'm also a greencard holder and this was one of the first things I've known regarding LPR status. I didn't even have to look into this specifically because just reading general information on greencards and LPR status you're going to read about it, it's really one of those pieces of information that are everywhere.

So you moved to a different country and couldn't be bothered to know about the laws and regulations that would affect your status? I just can't understand this mindset.

This and your other thread about how you (foolishly) got into debt makes me think you're a bit of a mess. Anyway, good luck, I do hope you can figure this out.
I am not asking how foolish I am or how ignorance I didnt know the rule of 6 moths for LPR solution. I was looking for some useful solution. And yes it is a mess and good luck to all you immigrants who think you are having such better life here.
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