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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Only for Judith ……… I am an Indian Citizen residing in USA

Customer Question

Only for Judith ………
I am an Indian Citizen residing in USA on US Green Card which i got 5 & 1/2 years ago as employment-based . I have already applied for US Citizenship in the last week of August month of 2016 by submitting N-400 for me and my spouse and not for my son who is only 14 yrs of age . Me and my spouse have already got our biometrics done in last week of September of 2016 as per the appointment letters mailed to us by USCIS . Just after 2 days of our Biometrics , our online status on USCIS Portal changed to CASE IS IN LINE FOR AN INTERVIEW , and it was the message like - we started the interview scheduling process for your Form N-400, Application for Naturalization , We will send you an interview notice. Please follow any instructions in the notice.
But since then there is no change after 1 & 1/2 month have passed and my interview should be at St. Paul Office because i live in MN State . Please clarify the below :
(1) What can be the reason of delay or can it be more wait ?
(2) Can my spouse visit to India now and will come back if interview scheduled before his return date ?
(3) Can my spouse visit to India after the interview is done but before the Oath Ceremoney ?
(4) Will there be any problem in above 2 situations # 2 and # 3 while returning to USA ? Do they count minimum 6 month stay in USA in just preceding 12 months or 6 months stay in every 12 months or they just see overall minimum 30 months stay in USA out of immediately precedeing 60 months ?
(5) I know that if U.S.Citizenship is given to me and my spouse , then after getting our certificate of citizenship at Oath Ceremony , we can also apply for certificate of citizenship for our 14 yrs old son . But is there any need to get such certificate for my son for such big fees because anyway my son will get the US Passport with us and he can keep one copy of passport in digital form if sometime his passport is lost so that he can get new passport again again .
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith Ludwic replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

(1) What can be the reason of delay or can it be more wait ?
This is not a delay. In some field offices the backlog is as long as 8 months for an appointment to be scheduled. It all depends on workload, number of examiners, and you are coming into the end of the year where govt workers have a use it or loose it leave policy and many schedule a lot of holiday time so they don't loose it at the end of the year.
(2) Can my spouse visit to India now and will come back if interview scheduled before his return date ?
Absolutely, any travel after the application is filed is not counted towards any of the physical presence requirements.
(3) Can my spouse visit to India after the interview is done but before the Oath Ceremoney ?
Absolutely, any travel after the application is filed and interview done is not counted towards any of the physical presence requirements.
(4) Will there be any problem in above 2 situations # 2 and # 3 while returning to USA ? Do they count minimum 6 month stay in USA in just preceding 12 months or 6 months stay in every 12 months or they just see overall minimum 30 months stay in USA out of immediately precedeing 60 months ?
Any time outside the US after the N-400 is filed is not counted towards meeting any physical presence requirements. Once those are met and the N-400 is filed the time out doesn't count.
(5) I know that if U.S.Citizenship is given to me and my spouse , then after getting our certificate of citizenship at Oath Ceremony , we can also apply for certificate of citizenship for our 14 yrs old son . But is there any need to get such certificate for my son for such big fees because anyway my son will get the US Passport with us and he can keep one copy of passport in digital form if sometime his passport is lost so that he can get new passport again again .

You have the option of just applying for a passport but I STRONGLY recommend investing in the Certificate of Citizenship because if the passport is lost or stolen or expires the child has absolutely no evidence of citizenship.

I have had cases where parents never get the Certificate and the child ages and is an adult and does not keep up with renewing their passport and then they cannot work, get a driver license or fly on a plane!

It becomes an absolute nightmare.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 9 months ago.

Thanks for your reply . Please clarify :

In reply to your above answer # 4 : I now understand that my spouse can visit India after filing N-400 and no need to satisfy any physical presence in USA to maintain Green Card . But when he will return after 1 or 2 months to USA , will the immigration officer at airport not ask why are you not staying for atleast 6 months in USA in a year to maintain your Green Card because the officer might not be knowing that my citizenship N-400 is in process ?

In reply to your above answer # 5 : If U.S.Passport of my son unfortunately is lost or stolen or misplaced in future , then we have the photo copy of it and that can be sufficient to get it re-issued in any situation because all the info data are with passport office already , why to get certificate of citizenship which is to expensive to get and the certificate can also be lost , then what ? I mean what is the logic to spend on certificate (except one more document) when a person has U.S. Passport which should be more than sufficient to renew or get re-issued if lost ?

Expert:  Judith Ludwic replied 9 months ago.

In reply to your above answer # 4 : I now understand that my spouse can visit India after filing N-400 and no need to satisfy any physical presence in USA to maintain Green Card . But when he will return after 1 or 2 months to USA , will the immigration officer at airport not ask why are you not staying for atleast 6 months in USA in a year to maintain your Green Card because the officer might not be knowing that my citizenship N-400 is in process ?

Maintaining eligibility for naturalization is different from not abandoning permanent resident status.

Spouse cannot be outside US form more than 6 months. You said spouse only going for 1-2 months. No problem there.

In reply to your above answer # 5 : If U.S.Passport of my son unfortunately is lost or stolen or misplaced in future , then we have the photo copy of it and that can be sufficient to get it re-issued in any situation because all the info data are with passport office already , why to get certificate of citizenship which is to expensive to get and the certificate can also be lost , then what ? I mean what is the logic to spend on certificate (except one more document) when a person has U.S. Passport which should be more than sufficient to renew or get re-issued if lost ?

No a photocopy is not evidence of citizenship Anyone can photoshop such a document. One must have their ORIGINAL passport to replace or renew.

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 9 months ago.

Thanks , going to accept your answer . I am still not very clear , please clarify the below :

In reply to your above answer # 4 : My point is if my spouse going to India for 2 months on 12/10/2016 and will return on Feb., 10 of 2017 , then i guess not sure that immigration officer at entry will see immediately in back 12 months i.e., from Feb., 10 of 2016 . My spouse was also on travel for 2 other trips outside the USA in immediately last 12 months i.e., one for 42 days(in Feb. & March of 2016) and second trip was for 85 days (in June, July & Aug. of 2016) . Is it not needed for every individual year to be every 6 months in USA or just totality should be 30 months in USA in last 5 yrs provided no one trip for more than 6 months ?

In reply to your above answer # 5 : If passport photocopy is not evidence , then what will happen if passport & certificate of citizenship both are lost at same time , then how to get passport re-issued ?

Expert:  Judith Ludwic replied 9 months ago.

I don't see any problem.

Judith

Customer: replied 9 months ago.

Please see below again :

In reply to your above answer # 4 : My point is if my spouse going to India for 2 months on 12/10/2016 and will return on Feb., 10 of 2017 , then i guess not sure that immigration officer at entry will see immediately in back 12 months i.e., from Feb., 10 of 2016 . My spouse was also on travel for 2 other trips outside the USA in immediately last 12 months i.e., one for 42 days(in Feb. & March of 2016) and second trip was for 85 days (in June, July & Aug. of 2016) . Is it not needed for every individual year to be every 6 months in USA or just totality should be 30 months in USA in last 5 yrs provided no one trip for more than 6 months ?

In reply to your above answer # 5 : If passport photocopy is not evidence , then what will happen if passport & certificate of citizenship both are lost at same time , then how to get passport re-issued ?

Expert:  Judith Ludwic replied 9 months ago.

I'm sorry but for the low value you have placed on this question I have fully answered your original questions and multiple follow-ups.

I am going to opt out as I feel there will not ever be an end you your question thread. I am certain another expert will be able to help you better.

Judith

Customer: replied 9 months ago.

Thanks to opt out , please no one reply to it .........

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