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Recording for July 25, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
Naturalization eligibility for recently extended absences over six months and less than one year from the U.S.
My father is a green card holder (five years, three months now). He has spent 33 months in the US in the last five years and for 6 months every calendar year. The issue is that on two of his most recent trips, he was out of the US for nine months, six weeks, and 11 days.
He has always been retired and has not held a job in the US or abroad. His daughter and family continued to stay in the US during these trips. He does not own a house in the US but stays with his daughter and her family and continues to have access to that residence during these trips. He does own property in India and has continued to hold that same property over the last five years. His trips abroad were to visit his other children.
What are the rough chances of "rebutting the presumption of break of continuous presence", if he applies for naturalization, despite these two trips of 9 months and 6 months two weeks ? Would you recommend going through a lawyer ?
Regarding the 9-month absence that is being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable as long as there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, as long as these reasons are clearly explained, it should be acceptable.
Regarding the 9-month absence being questioned, if he doesn't own a house but still has access to the residence, it should be acceptable if there's a valid explanation for his absence of more than six months. This situation has occurred before. For example, if he couldn't return due to reasons like COVID-19, health issues, or similar circumstances, it should be acceptable if these reasons are clearly explained.
Had N-400 interview in Portland, Oregon
Hi there,
I had my N-400 interview in Portland, Oregon this afternoon. At the end, the officer printed the N-652 form and checked two boxes: a) you passed the tests of English and U.S. history and government; and b) Congratulations! Your application has been recommended for approval.
The interview was smooth and quick. I had 2 tickets for speeding, which I had included in my N-400 application. He said it was good I had included them because I got a citation (ticket), but that they're only interested in violations that involve arrests.
Citizenship and Naturalization
Had citizenship interview in Denver today
The process was very smooth and lasted for 3 full minutes. USCIS officer was professional and friendly and started the interview right on time. He asked me to take the oath first and then reviewed the application. Then he asked me to write a simple sentense, went through history & civics questions (all from the list of 100 USCIS has on its website) and once I answered first six correctly told me that I passed the exam and the application is approved. He said I will get oath notice in 1 - 2 months.