Immigration Links - Immigration Forum: Naturalization/Citizenship: A last chance to claim abandonment?
By Anonymous on Saturday, March 24, 2001 - 11:02 am:
Soon I will have my naturalization interview, so would like to ask a question about my green card before the big day.
Dear Anonymous:
Thanks for the good news and good advice!
Dear Anonymous:
Do you know what state has a faster processing time time for naturalization? would i be eligible to apply to another state if i dont live there? if not what are the requirements. thanks for the input
Dear Anonymous:
All during the five years I have spent in the US I can irrefutably prove that I have never been out of the US more than 179 days at a time, though a few separate occasions I came close to 179 days on visits to family in my home country. The sole purpose of those visits was to start and finish correspondence courses that ultimately lead to earning a graduate degree from a US university last year.
At least 46 full months of my time in the last five years have actually been spent living and working in the US as a tax-paying legal permanent resident. Short trips out of the country of no more than 14 days each have been only for pleasure or personal business (such as dealing with my deceased parents’ estates in my home country). Every re-entry I have made into the US has been as a returning green card holder; there are no latent problems in my case.
Based on the above facts alone I would like to ask if you think the INS has, at my naturalization interview (as opposed to during inspection at a US point-of-entry), an opportunity to claim that I have abandoned my permanent residency.
I realize INS could deny my naturalization application. However, the focus of my question is only on whether INS could determine at the interview that abandonment has occurred.
Regards!
By ImmigrationHelp on Saturday, March 24, 2001 - 11:20 pm:
INS can always claim that you have abandoned your permanent residence. However, based on the facts that you presented, such a position would not stand up in court.
There is a total lack of evidence that you have abandoned your residence. Just make sure you take the evidence to support your case with you to the interview. Good luck.
By Anonymous on Sunday, March 25, 2001 - 10:24 am:
A follow-up question I would like to ask is whether you believe that at my naturalization interview the INS would normally inquire about my permanent resident status PRIOR TO the period I began building time toward meeting residence requirements in the US five years (plus processing time) ago.
By ImmigrationHelp on Sunday, March 25, 2001 - 09:43 pm:
The INS does not normally inquire into the period of time more than 5 years before the filing date. However, they can go into this because if you abandoned your residence you are no longer a permanent resident and, as such, would not be entitled to citizenship. Good luck.
By Anonymous on Monday, March 26, 2001 - 10:42 am:
By ImmigrationHelp on Monday, March 26, 2001 - 10:55 am:
To apply for naturalization, you must have lived in the state and INS district where the application is filed for at least 3 months before filing. You must also continue to live there up through the date of your final naturalization interview.
Since there are many INS offices throughout the country, and the processing times vary month to month, it is not practical for us to tell you the processing times for each office. If you will let us know the one or two places where you intend to move to, we will be happy to provide you with the current processing times for those locations. Good luck.
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