World Journal Weekly Q & A - March 9, 2008Naturalization Applicant with Much Time Outside the U.S. Before the Five-year Eligibility Date May Still be Eligible to NaturalizeJoe reader asks: I received my green card on 1/25/1995. Until 8/2000, I only came to U.S. 3 times for short stays. Therefore, there was 1928 days I was not in the U.S.. However, I applied 2 reentry permits. From 8/22/00 on, I stay here long-term and work in CA. During this period, I left U.S. only 4 times, totaling 254 days. Recently, I want to apply for naturalization but did not know how
to answer the Part 7 questions on N-400 form concerning all the
trips outside of U.S.. My questions are: Dear reader, 1 If you did not violate the law previously by staying outside the United States for a year or more with just a green card or for two years or more with a reentry permit during a single trip, it is my belief that an examiner will only look at your recent five years to determine your eligibility for naturalization. 2 You are correct in stating that putting down only trips in the last five years does not meet the requirement of the form (N-400) as it asks for all trips since obtaining your permanent residence card. It would be in your best interest to put down all trips. 3 I strongly recommend against your suggested course of action. 4 Although no one can guarantee a successful result, your best
course of action appears to be honesty. Naturalization Applicants Must Still Maintain Continuous Residence in the U.S. Between the Interview and Swearing in DateZhang reader asks: I applied my naturalization in 6/05 and passed the interview test
in 11/05. Later, I received CIS notice that my case is pending security
check. It has been over 2 years. I heard some of the background
checks took many more years. My questions are: Dear reader: 1 Naturalization applicants must still maintain continuous residence in the United States. If you will be taking trips which will be of more length than your stay in the United States, you might very well encounter a problem when you are scheduled for swearing-in. That notice asks for you to put down the trips that you have made from the United States since the interview. 2 Going back to China for a long time to visit relatives would
most likely endanger your naturalization. The act of applying for
a reentry permit alone has no effect upon naturalization - it is
the act of leaving for a long time which does. Counting Rules of the CSPA and the Unpredictability of Visa Bulletin MovementJin reader asks: I am a U.S. citizen. On 10/18/2000, I applied my sister and her family to immigrate. At the time her son was only 11 (born on 9/24/89). I understand the family immigrant visa of F4 now is up to 7/8/97. So, my sister’s family still has to wait 3 years, by the time, the son will be 22, over the age of 21. Is he qualified for CSPA? Dear reader: It is difficult to state at this time whether your nephew will be qualified under the CSPA to immigrate with his family. The movement of dates on the monthly visa bulletin of the Department of State cannot even be called an inexact science. It is very difficult to accurately predict where the date is going to be in the next year much less the next two or three years. Laws can also change during that time which could affect the movement of the dates or entitlement to benefits. Under present rules of the CSPA in your case, the child's age is frozen as of the date that your sister's priority date is surpassed by the date on the visa bulletin. From that date, the child is given credit for the period of time that the I-130 petition stayed with Immigration before it was approved. In addition, 45 days can be added in your situation under the U.S. Patriot Act. If the credits of time put your nephew under the age of 21, he would be entitled to immigrate with his family under today's counting rules.
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Copyright © 2003-2008 Alan Lee,
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