美國入籍問題

2006-12-09 2:03 pm
我的入籍申請剛被拒, 理由是我在香港工作的兩年中斷了我的 Continuous Residency. 但我這兩年內都是每半年就回美國十日, 但官說我的 residency 係香港, 不是美國。 請問我可否上訴??
更新1:

P.S. 我從 2001年(AUG) 到 2003年(DEC) 在美國讀書,曾回香港四到五次,但都只是一兩星期的短trip。之後從2004(JAN) 到2005(DEC) 回香港工作,每半年內回美國十天去keep residency。之後從2005(DEC) 到現在都是在美國工作。而我計算我至少physically present in US 34個月,亦沒有超過半年回美國。但見我的官說我回香港工作,而公司亦不是美國公司,所以我的 residency 中斷了... 

回答 (3)

2006-12-09 3:16 pm
✔ 最佳答案
你上訴好似系要佢寄俾你封信度會講話你可唔可以。

If Your Case Was Denied...

When an unfavorable decision is made (your case is denied and/or you are ordered removed), you will receive an denial or other notice explaining why the decision in your case was unfavorable and explaining whether or not you can file an appeal. You may, with certain exceptions, file motions to reopen or reconsider decisions made in your case.

Administrative appeals are only available on certain kinds of cases. If an appeal or motion is available to you; how to file one is explained in the decision we mailed to you. If you are looking for the forms to file an appeal, you can download them from this website.

Residency
An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
你要起馬有一年成年都系度
2006-12-09 5:03 pm
你當然可以上訴, 但成功與否就要由移民局定斷.

跟據你的情況, 兩年中你只在美國四十日左右. 問題就是每半年你回美國十天, 是從未超過半年就回美國, 或只是大約半年 (有時多, 有時少).

假切你已在五年中住在美國超過三十個月. 這兩年是五年中最後的兩年? 如果是, 因為你的工作在香港, 移民局有理由相信取得移民身份後, 你會停留在港.

你只會被拒入籍, 你的居民身份還是有的. 所以你還是可以自由出入美國. 但長期身在美國以外的地方, 最終亦有可能失去居民身份.
2006-12-09 2:28 pm
U.S. Immigration usually counts the number of days you reside in the USA in order to determine your eligibility to apply. The best and most efficient way is to consult with an attorney and retain her/him for your appeal.

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