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amitmaha

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About amitmaha

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  1. amitmaha

    Citizenship not granted

    My wife appeared for interview previous week. She had gone to India for delivery 7 years back and had stayed for 189 days. After receiving full in civics and clearing the english they had lot of time to grill her. My fault, if the application was sent 6 months later, this travel record would not have made appearance in N-400. But anyway, after rapid questions (did you own property then? was husband also in India with you? why do you even care for citizenship?) The lady handed out the letter stating no decision and supporting documents needed. But one incident happened. My wife gathered courage towards the door and said but this was 7 years back. The lady would have thrown a rock at her if she had. She furiously yelled "even if it was 10 years you cannot overstay. We have all records." Frustrated. But anyway, most puzzling is the query that was provided. It asks for records for for previous "5 years" travel history, previous "3 years" tax transcript, 3 years address proof. Can't seem to make any sense. I have the record of income tax with wife's name in joint filing even for the period she was in India. But the query does not ask any of these, like during the interview. Should those be added in the response as well, as there is no more interview, is the dilemma!
  2. amitmaha

    INA320 based eligibility

    Thank you for your replies. From what I understand now the child's passport can be filed immediately. How about the need of certificate of citizenship? Doesn't the GC/card have to be invalidated officially as part of the procedure? Thank you once again!
  3. amitmaha

    INA320 based eligibility

    Request a quick reply. Thank you. Wife, daughter and I are GC holders. Wife completed 5 years on GC and daughter completed 4 years on GC. Wife's citizenship filed. Question is - IF wife's citizenship is approved, INA ACT 320 on USCIS website says "A child born outside of the US "automatically" becomes a citizen of the US when at least one parent of the child is a citizen of the US" So, can child's passport (US) be applied assuming "automatic" citizenship? Or does N-600 need to be filed, Certificate of citizenship be obtained, and US passport after that? Thanks!
  4. amitmaha

    Days spent outside of USA

    Answer was given after 2 months. Submitted already. Thanks!
  5. amitmaha

    Days spent outside of USA

    Any updates, Gurus ? Thanks!
  6. amitmaha

    Days spent outside of USA

    Helo Sirs, We are trying to understand this situation once again. My wife completes 5 years on GC in September 2018. There is a question in N-400 form "How many days did you spent outside USA during the last 5 years?" She has taken 3 trips to India Trip 3- 2/20/2015 - 8/12/2015 172 days Trip 2- 3/26/2014 - 4/14/2014 18 days Trip 1- 4/19/2013 - 10/29/2013 191 days However please note this record starts from April 2013 (5 and 1/2 years). Unfortunately September 2013 (when she received GC) falls in the middle of the Trip 1, so Trip 1 has to be shown as a record in the 5 years mark. Instead, if we applied citizenship in November 2018, the answer to "How many days did you spent outside US during the last 5 years?" will be slightly different since Trip1 goes beyond the "mark of 5 years". The answer will be Trip B- 2/20/2015 - 8/12/2015 172 days Trip A- 3/26/2014 - 4/14/2014 18 days That adds to only 190 days, compared to previous 381 days, plus there would be additional documents needed in Case 1 since Trip 1 goes beyond 6 months. The question is, would it better to wait till November for filing citizenship to lead less complication? Expecting reply. Thanks!
  7. amitmaha

    Eligibility based on periodic absences

    Hello Experts, Any insight is appreciated, - 5 years completion on Green card in September '18. - When Green card came in September '13, was in India on long vacation. Vacation period -> June '12 to March '13 (9 months) and April '13 to November '13 (179 days). - During the 9 months absence, was on EAD/AP. - Since start date on Green Card (while in India) -> cumulative absence = 270 days (179 + 60 + 31 days). Will the 9 months absence on EAD/AP or other any absence (like 179 days while on green card) be an issue is the question? Thank you, Amit M
  8. amitmaha

    Eligibility based on periodic absences

    Thank you, JoeF. In short summary, - 5 years completion on Green card in September '18. - When Green card came in September '13, was in India on long vacation. Vacation period -> June '12 to March '13 (9 months) and April '13 to November '13 (179 days). - During the 9 months absence, was on EAD/AP. - Since start date on Green Card (not the day arrived from India after green card) -> cumulative absence = 270 days (179 + 60 + 31 days). Will the 9 months absence on EAD/AP or other absence (179 days while on green card) be an issue is the question? Sincerely, Amit M
  9. amitmaha

    Eligibility based on periodic absences

    Dear Attorneys and Experts, Request your kind opinion if below could be an issue you think. Otherwise, we assume everything is okay, and pursue towards applying for citizenship goal 90 days before 5 year completion. Once again forum and your attorneys over the phone have been helpful before. Thank you. Sincerely, Amit M
  10. We are checking on the possiblity of applying citizenship of my wife who is about to complete 5 years on Green card in September '18. When she received the Green card in September '13, she was in india, had left for India in June '12 for pregnancy and since then been in India. 2 months later her Green card arrived, she came with the baby came to the US. During ther absense in US from June '12 to November '13 (17 months), she was on EAD status for 15 months and Green Card for 2 months. Inorder to keep the status of EAD, she came to USA after completing 179 days of stay india and left after 10 days. Since past "6" years her absence from USA is 591 days (i.e., 179 days + 142 days + 179 days + 60 days + 31 days). From the start date of Green Card (that was in middle when she was in India) her absense from USA is 270 days (i.e., 179 days + 60 days + 31 days) -- cumulative 9 months. She never had issues at POE because of keeping the less than 180 days rule always, other than comments by officials such as "you like india better" etc. Two years back I applied a re-entry permit for her, but since she did not travel to India since past 2 and 1/2 year, the re-entry permit got lapsed and un-utilized. The question is, will she be eligible for citizenship right now or after one year, based on her previous absences? Your opinion is regarded highly. Sincerely, Amit M
  11. Hello JoeF and other Professionals, There is a small update here. The guy referred above has acquired US Citizenship. Hence re-sending this question by including that aspect. The guy (US Citizen) is engaged to a girl in India. Their marriage is in December. The girl has never been to USA before, and because it may involve "Consular Processing", and "period to stay married before Green Card petition gets approved", the guy feels it may involve atleast 2 years for the girl to wait for green card and job through marriage. He hence feels one of the options is that the girl seeks an employer and VISA sponsorship prior to marriage. Is that a good approach (or the other one is good) that will enable the couple to live in USA together after marriage? The possible options are - Girl finds an employer and H1 VISA sponsorer before marriage and proceeds to USA - Girl waits for Green Card approved after waiting period and then time spent at Consular Processing Kindly reply which option is easy/viable/convenient. Thank you again, attorneys and experts, Amitmaha
  12. Hi JoeF, Thank you for the quick revert. thereafter marriage guy taking citizenship, and sponsoring girl through "Consular Processing" - Would that be the quickest option, you mean to say? Thank you, Amitmaha
  13. My friend is engaged to a girl in India. He is a green card holder, and just in the process of applying for citizenship. The girl is employed in India. The marriage is next month. What is the best approach that will enable them to live in USA together after marriage? The girl has never been to USA before, and because the guy is in the process of applying for citizenship, he feels it may involve few months for the girl to absorb green card and job through marriage. Hence he suggests the girl seeks an employer and VISA sponsorship prior to marriage. The possible options are - Girl finds an employer and H1 VISA sponsorer before marriage and proceeds to USA before marriage - Wait for marriage and girl's green card is filed with guy's green card status - Wait for marriage and wait for guy's citizenship and girl's is filed with guy's citizenship status Please allude which option is easy/viable/convenient. Thank you, Amitmaha
  14. Hi Lawyers and veterans, Any experience can you please share on this? It will be notable and valuable again, Thank you, Amit
  15. Hi All, Request you to please ascertain whether this needs to be corrected in the Green Card or not, This is for my daughter who has not started pre school yet Her name in Indian passport has the following format, Given name - ABCD XYZ Surname - (blank) Social Security Card, EAD/AP (issued by USCIS), 485 application submitted, have the following format, First name - ABCD Last name - XYZ Green Card has the following format, Given name - 'no given name' Surname - ABCD XYZ It is opposite with respect to the passport, and different from all other documents. However, I just noticed an article that says - As surname, family name or last name is significant, USCIS tends to follow the convention of always including a surname even if it is blank. An example is, if your name in the passport is either of the below Case I Given name - Vikas Nathan Surname - (blank) Case 2 Given name - (blank) Surname - Vikas Nathan In the both the above cases, the US Visa will look like First Name - FNU Last name - Vikas Nathan I don't know if this rule applies to Green Card as well. In 485 application, the name was clearly split into first name and last name, and EAD Card reflects that. But green card has a format different from Passport and any other document. I am not clear whether this needs to be checked for correction. Does anyone have experience like this? Thank you so much, Amit
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