N400 Application NOID - Intent to Deny based on continuous residence

[vkolli]

My parents applied N400 on Aug 29, 2016. They have received their green cards on Apr 2011. Both my parents have received NOIDs, asking for submitting evidence for continuous residence during their last 5 years. USCIS have raised two issues:
1. They have 5 extended travels to their home country, India for the periods ranging from 160 days to 175 days each. The notice said due to these travels they need to prove their continuous residency for the last 5 years.
2. During the citizen interview, when asked where do they stay during their travel, my father replied that they stay at a home I own (which is correct) and my mom in her interview said that they stay at "my home" implying her house. My mom has limited english speaking languages skills and she was meaning that it is the family home. They do not own any residence in India and we are gathering documents to show that the residence belongs to me and not to them.

Since they live in my home in US and do not have any income, they do not have any utility bills in their name nor any bank accounts to show transactions. We can only show:
1, They have their primary doctor here and made some medical visits during their stay here. They also carry their insurance through Medical.
2, I claim them as dependents in my tax filing for the past 5 years
3, I am their only son and I am citizen and resident here and they do not have any other immediate family members in India.

Anyone been through similar situation before and what are your experiences. What are the chances of winning our case. Can any one recommend a good immigration attorney in the San Jose area to file the response.

We have 3 weeks to respond and timely advice is greatly appreciated.

[askalra]

My parents applied N400 on Aug 29, 2016. They have received their green cards on Apr 2011. Both my parents have received NOIDs, asking for submitting evidence for continuous residence during their last 5 years. USCIS have raised two issues:
1. They have 5 extended travels to their home country, India for the periods ranging from 160 days to 175 days each. The notice said due to these travels they need to prove their continuous residency for the last 5 years.
2. During the citizen interview, when asked where do they stay during their travel, my father replied that they stay at a home I own (which is correct) and my mom in her interview said that they stay at "my home" implying her house. My mom has limited english speaking languages skills and she was meaning that it is the family home. They do not own any residence in India and we are gathering documents to show that the residence belongs to me and not to them.

Since they live in my home in US and do not have any income, they do not have any utility bills in their name nor any bank accounts to show transactions. We can only show:
1, They have their primary doctor here and made some medical visits during their stay here. They also carry their insurance through Medical.
2, I claim them as dependents in my tax filing for the past 5 years
3, I am their only son and I am citizen and resident here and they do not have any other immediate family members in India.

Anyone been through similar situation before and what are your experiences. What are the chances of winning our case. Can any one recommend a good immigration attorney in the San Jose area to file the response.

We have 3 weeks to respond and timely advice is greatly appreciated.

Can you advise if your case was resolved and how did you resolve it? I am in a similar situation where parents have travelled 5 times for extended period of time but less than 6 months every time.

[vkolli]

Can you advise if your case was resolved and how did you resolve it? I am in a similar situation where parents have travelled 5 times for extended period of time but less than 6 months every time.

Yes, USCIS accepted our responses to NOIDs and approved the Citizenship applications. We had establish evidence that they are leading their lives here in US despite the extended trips overseas. We did that by sending them records of all their medical visits, their participation in the community events here in US (they have volunteered in a few cultural & religious events), details of their living arrangements here etc.. The case could have been further strengthened if they had any bank accounts or any assets here in US, but they didn't.
We hired a lawyer to draft a response to NOIDs, but in the I find him to be of not much help. We drafted the affidavits, gathered all the evidence. He reviewed and submitted them on our behalf. In the hindsight, this can be done by on our own.

We also have to explain the discrepancy between the responses from my mom and dad regarding the house in India. We explained it with language/expression differences between their native language and India. We also showed the documents that the house indeed belongs to me and not to them.

USCIS took a long time to act on the response - 4 months after we submitted the response, but in the end they did approve the applications.