Hi mika77,
"After reading the INS literature I understood that my physical
residence had to be at least 2.5 years in the us + I was not to leave
the country for periods that are longer then 6 months."
"during the 2 years prior to applying the applicant should have been
in the US for at least 1.5 years"
Both of those statements are incorrect. An applicant must have resided
in the U.S. for 5 years (3 years if you have been married to a U.S.
citizen for at least 3 years). First, please fill out the ELIGIBILITY
WORKSHEET (the link is below) to determine if you are eligible to
apply for naturalization. Next, read A GUIDE TO NATURALIZATION (the
link follows the worksheet). After reading through the entire Guide
and using the Worksheet, you should know if you meet the
requirements..I can find no mention of "during the 2 years prior to
applying the applicant should have been in the US for at least 1.5
years". It's impossible to find a reference to something that doesn't
exist (USCIS doesn't publish "How NOT to Become Naturalized", only,
"How TO Become Naturalized"!).
SUMMARY
General Naturalization Requirements: Residence and Physical Presence:
An applicant is eligible to file if, immediately preceding the filing
of the application, he or she:
* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the
U.S. for at least 5 years prior to filing with no single absence from
the United States of more than one year;
* has been physically present in the United States for at least 30
months out of the previous five years (absences of more than six
months but less than one year shall disrupt the applicant's continuity
of residence unless the applicant can establish that he or she did not
abandon his or her residence during such period)
* has resided within a state or district for at least three months
http://uscis.gov/graphics/services/natz/general.htm
>>> ELIGIBILITY WORKSHEET
What is the purpose of this worksheet?
"The Eligibility Worksheet will help you decide if you are eligible to
apply for naturalization."
http://uscis.gov/graphics/services/natz/wsinstruct.htm
>>> A GUIDE TO NATURALIZATION
PAGE 18: TABLE OF REQUIREMENTS:
*5 years as a Permanent Resident without leaving the United States for
trips of 6 months or longer
OR
*If You Have Been Married to a U.S. Citizen for at Least 3 Years:
3 years as a Permanent Resident without leaving the United States for
trips of 6 months or longer
PAGE 19: CONTINUOUS RESIDENCE:
"'Continuous residence' means that you have not left the United States
for a long period of time. If you leave the UnitedStates for too long,
you may interrupt your 'continuous residence.'"
*What if I was outside the United States for between 6 and 12 months?
"If you leave the United States for more than 6 months, but less than
1 year, you have broken or disrupted your ?continuous residence?
unless you can prove otherwise. Read the ?Document Checklist? in the
back pocket of the Guide to find out what information you must give to
us to prove you did not break your 'continuous residence.'"
"If you are applying based on 5 years as a Permanent Resident or 3
years as a Permanent Resident married to a U.S. citizen, you may file
for naturalization up to 90 days before you meet the ?continuous
residence? requirement."
*What is the difference between ?physical presence? and ?continuous residence??
?Physical presence? involves the total number of days you were outside
the United States on all of your trips. ?Continuous residence?
involves the number of days you were outside the United States during
a single trip. Even if you never took a trip that was long enough to
disrupt your ?continuous residence,? you may have taken so many short
trips that you do not meet the ?physical presence? requirement."
* ?Continuous Residence? EXAMPLE
? An applicant became a Permanent Resident on January 1, 1990.
? She lived in the United States for 3 years, then returned to her
native country for 1 year and 3
months.
? She got a Re-entry Permit before leaving the United States so that
she could keep her Permanent
Resident status.
? The applicant re-entered the United States with Permanent Resident
status on April 1, 1994.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 1998, 4 years and 1 day after she returned to the
United States The last 364 days the applicant was out of the United
States count toward her time as a Permanent Resident in ?continuous
residence,? but the 3 years in the United States before leaving do
not.
http://uscis.gov/graphics/services/natz/English.pdf
>>> FORM N-400 Application for Naturalization:
http://uscis.gov/graphics/formsfee/forms/n-400.htm
I hope I've been able to help to sort this out for you. If you have
any questions, please post a clarification request *before*
closing/rating my answer and I'll be happy to reply.
Thank you,
hummer
Search Strategy:
I used my extensive research and bookmarks on this subject. |
Request for Answer Clarification by
mika77-ga
on
31 Dec 2004 00:12 PST
what you wrote is all clear but you didn't cut and paste the first
line of my question in which I stated that I already been a green card
holder for 5 years - obviously these 2 points are very clear to me
what I want is to know if you can find evidence that can either
confirm or cancell what the lawyer said - I beilve that this kind of
information can be found by reading what people wrote about their
interviews
|
Clarification of Answer by
hummer-ga
on
31 Dec 2004 05:29 PST
Hi mika77,
"what I want is to know if you can find evidence that can either
confirm or cancell what the lawyer said - I beilve that this kind of
information can be found by reading what people wrote about their
interviews"
Yes, I did find evidence that cancels what the lawyer said - as I
said, no such requirement is mentioned in the Guide to Naturalization.
Anecdotal (personal) accounts are not reliable sources of information
and should not be used to prove or disprove anything. The USCIS is the
only reliable source on matters of naturalization.
My point is this, use the Eligibility Worksheet. If, by the end, it
tells you that you are eligible to apply then you can be reasonably
certain that all is well. This is an official USCIS worksheet and is
reliable. There are no hidden eligibility requirements used at the
interviews, you either have met the requirements as outlined in the
Guide to Naturalization or not. Postings on forums are not reliable
sources of information in these matters - emotions run high and
misunderstandings of the rules and procedures can happen. Whereas the
USCIS source *is* reliable and can be trusted to give you everything
you need to know to become a U.S. citizen.
In other words, even if I found it, I can not in good faith offer an
anecdotal account to prove or disprove the lawyer's statement, this
would not be fair to you. In regards to the lawyer's statement, just
ask him/her to produce the document. If they can't or won't, it is
time to either get another lawyer or do-it-yourself.
Please use the worksheet and let me know the results.
hummer
|
Request for Answer Clarification by
mika77-ga
on
31 Dec 2004 15:11 PST
well - the thing is that not everything is 100% perfect on this
application... I heard that some interviews take 2 minutes and some
turn into a serious investigation - I am just wondering if this
condition (being out side of the US more then 200 days in the last 2
years) immediatly causes them to conduct a serious investigation....
|
Clarification of Answer by
hummer-ga
on
01 Jan 2005 08:23 PST
Hi mika77,
Truthfully, if you are eligible for naturalization and have been
honest on your application, then you are probably worrying
unnecessarily. Briefly, the interview will consist of three parts:
1) Verification of your N-400 Application
2) History / Civics Exam (Study the 100 standard questions from INS)
3) English, reading, writing & oral, if needed
What you are concerned about is #1, when they go over your N-400
Application. First, if you've gotten this far, you have already passed
the initial eligibility requirements. The point of going over the
application with you is to confirm all of the information *under
oath*. Also, they will note any changes (for example, any trips you've
taken outside of the U.S. since you filed the application or perhaps
changes to your job description). The travel dates on your application
will be double-checked with the dates on your passport. Fewer longer
trips are looked on more favorably than many shorter trips outside the
U.S., but if all can be confirmed under oath and cross-referenced
between your passport and application, all will be well. Yes, the more
there is to confirm the longer the interview will take, but the
interview is not adversarial, it's just a confirmation of the facts as
reported. In regards to triggering a "serious investigation", any
discrepancies in the information is what they are looking for, not
your number of trips (which they have already approved or you wouldn't
have been assigned an interview). Please browse the following personal
accounts, I think they will help to set your mind at ease.
Naturalization Experiences
http://www.kamya.com/intro/natexp.html
100 Citizenship Interview Questions:
http://www.immigration.com/citizenship/questions.html
Please let me know if you have any other questions.
Happy New Year!
hummer
|
Request for Answer Clarification by
mika77-ga
on
03 Jan 2005 00:39 PST
Thanks for the answer - very detailed and I consider this question
closed - I have another question and I am not sure how I am sippose to
post it - guess I can put it here and if you give me a good answer
I'll tip you another 25
going over your answer - my main problem is with this part "The travel
dates on your application will be double-checked with the dates on
your passport. Fewer longer trips are looked on more favorably than
many shorter trips outside the
U.S., but if all can be confirmed under oath and cross-referenced
between your passport and application, all will be well."
1 - what happens if I don't bring my passport to the interview? I know
that some of the exit dates on the application that I filled are not
correct
2 - what can the INS do to me if they find out that there are
descepencies between my application and my passport? what happens if I
just bring a new passport to the interview?
3 - do they have the records of my enteries/exits in their system? I
mean do they need my passport to verify this info or do they have it
in their computer system?
4 - since I filled the application I was out of the country most of
the time - how do they view this?
thanks
|
Clarification of Answer by
hummer-ga
on
03 Jan 2005 10:04 PST
Hi mika77,
Thank you for your thank you, I'm glad I've been able to help to sort
this out for you.
In regards to your new questions -
1 - what happens if I don't bring my passport to the interview? I know
that some of the exit dates on the application that I filled are not
correct
DOCUMENTS REQUIRED FOR ALL INTERVIEWS:
* Your passport(s) and any travel documents issued by the I.N.S.
"If you fail to submit the required documents, listed, you may be
found ineligible for naturalization and your application may be
denied."
http://library.lp.findlaw.com/articles/file/01016/009548/title/Subject/topic/Military%20Law_Selective%20Service/Draft/filename/militarylaw_1_888
2 - what can the INS do to me if they find out that there are
descepencies between my application and my passport? what happens if I
just bring a new passport to the interview?
"Be sure to bring to your interview your Alien Registration Card, your
passport, and any reentry permits you obtained. Also, if your
appointment letter specifically asks for any additional documentation,
be sure to bring it."
"Lying to the BCIS in writing or during the interview will immediately
disqualify you. Even if the BCIS finds out you lied after you have
been granted citizenship, your citizenship can be taken away. Being
truthful with the BCIS is serious business, but as long as you've been
truthful at every step of the process, you should have nothing to
worry about. Note that the kind of lying that results in
disqualification includes untruths that you knew were untrue at the
time that you told them. In other words, if you lied about your
criminal record, you'll be disqualified; if you've committed an
inadvertent misstatement ? unknowingly providing incorrect
information, such as being a digit off on your telephone number or
having a new address ? you should be fine..."
http://www.dummies.com/WileyCDA/DummiesArticle/id-2069.html
4. Good Moral Character
To be eligible for naturalization, you must be a person of good moral
character. A person is not considered to be of ?good moral character?
if they ... if they lie during their naturalization interview."
http://uscis.gov/graphics/citizenship/becoming.htm
3 - do they have the records of my enteries/exits in their system? I
mean do they need my passport to verify this info or do they have it
in their computer system?
A 3-digit admission stamp (includes date & visa classification) is
assigned to you each time you re-enter the U.S. and is entered into
the I.N.S. computer system. Additionaly, INS has access to all kinds
of databases, including ...
INS's Central Index System (alien files)
Interagency Border Information System (IBIS)
FBI's National Crime Information Center database (NCIC)
National Automated Immigration Lookout System (NAILS)
4 - since I filled the application I was out of the country most of
the time - how do they view this?
" Be aware that absences from the United States while your
naturalization application is pending could cause problems with your
eligibility, especially if you accept employment abroad."
http://uscis.gov/graphics/citizenship/becoming.htm
Revocation of Naturalization:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2001/janqtr/pdf/8cfr340.1.pdf
21. Can I reapply for naturalization if USCIS denies my application?
"In many cases, you may reapply. If you reapply, you will need to
complete and resubmit a new N-400 and pay the fee again. You will also
need to have your fingerprints and photographs taken again. If your
application is denied, the denial letter should indicate the date you
may reapply for citizenship. If you are denied because you failed the
English or civics test, you may reapply for naturalization as soon as
you want. You should reapply whenever you believe you have learned
enough English or civics to pass the test."
http://uscis.gov/graphics/services/natz/faq.htm#q21
Please let me know if you have any other question.
hummer
|
Request for Answer Clarification by
mika77-ga
on
03 Jan 2005 12:53 PST
this is not what I am looking for
All the stuff you sent me is formal stuff I already read - I want to
know from other peoples experinece what really happens in the cases I
mentioned
what do they do , for example, if you lost your pasport and come to
the interview with a new pasport? looking at these databases - do they
see the exit records? what is the worst sanction they can hit me with
if they see I made mistakes with the exit dates - do I get deported
and my green card taken away or does my application simply gets
denied?
regarding #4 I don't understand you answer at all - what is the policy?
|
Clarification of Answer by
hummer-ga
on
03 Jan 2005 13:19 PST
Hi mika77,
Perhaps it's time to call it a day. Let's close off the original
question and then you can post a new question with the 4 questions.
That way, all researchers will have a look at your questions instead
of just me.
Wishing you the best of luck with your interview,
hummer
|
