Approved! Continuous Residency OK.

[immigrateful]

I finally received the letter for my oath ceremony - roughly 11 months to the day of my application date.

I had 4 back-to-back trips each lasting 5 month, 3 weeks during the 5 years preceding the N-400 application date.

A few members of this forum consistently warned me that my application has a strong chance of being rejected due to the long trips. In fact I was quoted examples from the Adjudicators Manual complete with all legal lingo and the CFR numbers and other references.

I was told that I should withdraw my application because of the CR issue.

I had my doubts but I felt I had complied with the law and moreover I had no fraudulent intentions whatsoever. Based on that conviction, I persisted with the application and my interview a few months back was a 10 minute long, smooth interview. In fact I was treated very well in a respectful and polite manner. No harassment, no rude language - just plain normal USCIS business. That did not mean that the IO was incompetent or inexperienced. She did ask me all the relevant questions about my situation -

Q: Why did I have these long trips?
A: Serious medical situation with my mother.

Q: Did the situation still persist?
A: Yes

Q: How much rent do you pay?
A: I quoted the high Bay Area number.

There were a few others but these were the most relevant.

Other things in my application that need highlighting:

• I listed my India address on the N-400 during the period coinciding with the 4 back-to-back trips.
  
• I had quit my Bay Area job and I had taken up a job with an Indian company in India paying me in Indian currency.
  
• After the first trip to India and 2 months into the stay (or after 8 months from my first departure from US), it became clearer to me that my mother's condition would require longer attention - so I sent in a change of address form to the USCIS listing my India address.
  
• AC21 was applicable to me because of a layoff situation at the time my status being adjusted to permanent residency 5 years ago. This was not even mentioned in the interview.

Good luck to other people in similar situations.

 

[Bobsmyth]

Congratulations immigrateful. If anything, your case shows how inconsistent USCIS is in adjudicating such cases as other have been denied for similar trips.

 

[GhantaBro]

Congratulations immigrateful. If anything, your case shows how inconsistent USCIS is in adjudicating such cases as other have been denied for similar trips.

I think you are lucky... people have been denied for far less than this. Enjoy!

 

[im50]

Congratulations immigrateful. If anything, your case shows how inconsistent USCIS is in adjudicating such cases as other have been denied for similar trips.

Can you please point to us threads with experiences that you are referring to? I’m relatively a new member – and I didn’t see that someone was denied for having trip less than 6 months?

 

[im50]

I think you are lucky... people have been denied for far less than this. Enjoy!

Far less than this – means what?

 

[ginnu]

I think you are lucky...
people have been denied for far less than this.
---Post the link that person was denied US citizenship only because of his trips out of US less than180 days.
I know about 10 persons who made Trips of more than 5 months but fewer than 180 days and got citizenships without any problems. 6 are ladies (never worked in US and only spouse working) 2 are connected with television media that required them to travel out of US because of profession and other 2 are male who had3- 4 trips out of US for about 5 moths. I don’t know why many scare others for the trips out of US less than 180 days.
Enjoy!

Law is clear that single trip out of US should be no more than 6 months (you must pay US tax). You can read the law or requirements for Citizenship
Naturalization - Residency Requirements
by Gregory Siskind, Esq.
http://www.ilw.com/articles/2006,0522-siskind.shtm

http://www.illinoislegalaid.org/UPLOADS/001688natguide.pdf
http://www.uscis.gov/graphics/services/natz/English.pdf

 

[immigrateful]

Congratulations immigrateful. If anything, your case shows how inconsistent USCIS is in adjudicating such cases as other have been denied for similar trips.

In no way do I mean to sing USCIS praises and the agency certainly has it's flaws. These will be fixed in due course to time.

In my 10+ years of dealings with the USCIS, I have always found them to be consistent in my own case. I first obtained an F1 visa, then an OPT, followed by an H1-B visa, followed by EAD and then green card. I've also applied for advance parole and a re-entry permit. At all times I received a decision from them within the estimated time frame claimed in their notices. Whenever I interfaced with them in person, I received polite and respectful behavior.

Further AC21 was implemented (though haphazardly) right on time when it was much needed. The US economy was in a downturn back in 2001 and I was amongst the first batch of people to avail AC21.

Each case is unique and I do not think another "similar" case being denied equates to inconsistency.

 

[ginnu]

Far less than this – means what?

Post the link that person was denied US citizenship only because of his trips out of US less than6 months. I know about 10 persons who made Trips of more than 5 months but fewer than 180 days and got citizenships without any problems. 6 are ladies (never worked in US and only spouse working) 2 are connected with media that required them to travel out of US because of profession and other 2 are male who had 3- 4 trips out of US for about 5 moths. I don’t know why many scare others for the trips out of US less than 6 months .

***Abandonment of residence should not be confused with “disruption of continuity of residence"
*** There are examples of cases where people were gone for more than a year and the BIA found they did not abandon
their residences. In fact, in one instance the individual was gone for four years trying to sell his assets, returning to the
U.S. for only two brief visits during the time abroad, and the BIA found he did not abandon his residence. Generally,
the important facts to prove in the case of someone gone for a long period of time are that he intended to leave for a
temporary visit, while abroad he kept his intent to continue living in the U.S. as a lawful permanent resident, and he
could not come back because of unforeseen circumstances causing an unavoidable delay. For a thorough explanation
of this issue, please see “You Can Go Home Again—How to Prevent Abandonment Of Lawful Permanent Resident
Status,” by Gary Endelman, Immigration Briefings, No. 91-4 (April 1991).

 

[immigrateful]

Law is clear that single trip out of US should be no more than 6 months (you must pay US tax).

That is correct. Some things I did not mention in my original post:

1. I always paid US tax as a resident (1040)
2. I also obtained a re-entry permit.
3. At a different point in my 5 year tax history preceding the N-400, I once filed the California non-resident tax return (CA-540NR) but I later rectified it by simply amending it to a CA-540.

There is a lot of paranoia being created on these forums about continuous residency, especially by citing the CFR references/Adjudicators Manual, etc.

Those references are all fine but they are meant for legal interpretation and legal eyes. N-400 applicants should go by the M-476 (Guide To Naturalization) document which is targeted towards the N-400 applicant. It clearly states what continuous residency means, i.e., no trips outside of the USA of more than 180 days.

 

[cafeconleche]

Congratulations immigrateful. I'll have 6 trips of about 5 months each out of the US (for educational purposes- 4 of them back to back with about 1-2 months in-between) by the time I apply for citizenship. I'll have just about enough time in the US. Do you fall under the San Jose or San Francisco DO?

 

[vision1227]

My wife was just denied for such reasons. She was never out of the country for more than 6 months. We have 2 US citizen children, bank accounts, student loans,credit cards, cars & insurance, and a huge family living here, I myself have lived there for about 25 years, served in the military, but have set up my own business overseas for the past 2 years. My wife stays as we have always in our joint family and frequently visiting me but for never more than 6 months. I really feel the IO could have asked about any of these things but chose not too, to maybe dig a little deeper, so that she could have shown evidence that shows her primary residence as the US. But anyway, Congratulations on your approval!

 

[Jackolantern]

I really feel the IO could have asked about any of these things but chose not too, to maybe dig a little deeper, so that she could have shown evidence that shows her primary residence as the US.

Maybe, but your primary residence was not in the US. Both husband and wife need to be residing in the US under the 3-year rule (apart from military exceptions etc.).

 

[Jackolantern]

The law is very clear about 6 month’s requirement.

Well, it is clear that the IO can still look at other evidence to determine a break of residence, even if each trip is under 6 months. It is not clear that under 6 months = automatically safe.

We are free to live our live as LPR’s and travel as much as we want (under 6 months of course) – as long as our residence is really here in US.

And they are free to deny your citizenship if you travel too much.

 

[boatbod]

Immigrateful, you were lucky to be assigned such an understanding IO. Others have not been that fortunate - there were two separate denials reported just this week - my advice to LPR holders remains the same; Don't count on being successfully naturalized if you have a series of back to back long trips.

 

[Bobsmyth]

Can you please point to us threads with experiences that you are referring to? I’m relatively a new member – and I didn’t see that someone was denied for having trip less than 6 months?

The most recent was reported just this week:

http://boards.immigrationportal.com/showthread.php?t=282640

Other cases:

http://boards.immigrationportal.com/showthread.php?t=281620&highlight=denied

http://boards.immigrationportal.com/showthread.php?t=234301


Search the threads for "denied" for other examples.

 

[immigrateful]

Can you please point to us threads with experiences that you are referring to? I’m relatively a new member – and I didn’t see that someone was denied for having trip less than 6 months?

People who get rejected rush to the Internet and forums such as this one to seek advice soon after denial. They form a "vocal" minority whereas the hundreds of cases that get approved never bother to post here so I'm not sure whether you can draw a conclusion based on the number of denials reported here.

 

[immigrateful]

Congratulations immigrateful. I'll have 6 trips of about 5 months each out of the US (for educational purposes- 4 of them back to back with about 1-2 months in-between) by the time I apply for citizenship. I'll have just about enough time in the US. Do you fall under the San Jose or San Francisco DO?

This was at the San Francisco DO.

You should maintain all documentation and comply with other requirements - such as filing tax as a resident, demonstrating that you still live or reside in the US and intend to do so permanently.

 

[Bobsmyth]

Each case is unique and I do not think another "similar" case being denied equates to inconsistency.

If another case with the exact same circumstance (extended travel due to family illness) is denied, then that would seem to indicate inconsistency.
Perhaps the key then becomes the circumstances surrounding extended travel (ie:illness in immediate family vs employment in foreign country with non-US company)

 

[immigrateful]

If another case with the exact same circumstance (extended travel due to family illness) is denied, then that would seem to indicate inconsistency.
Perhaps the key then becomes the circumstances surrounding extended travel (ie:illness in immediate family vs employment in foreign country with non-US company)

I had both of the circumstances in my case - extended travel due to family illness AND I took up employment in a foreign country.

There are other things that make each case unique - my key differentiator was that I applied for citizenship 1.5 years after my last long visit outside of the USA.

I remember a case where a person applied 8 days after returning from China after 4 back-to-back trips. He was asked to re-apply. (http://immigrationportal.com/showthread.php?t=234301)

 

[Jackolantern]

There is no such restriction in the law about the number of vacations one can have.

There is also no requirement in the law for them to believe that 4 back-to-back trips of 5 months each, all going the same destination, were vacations. And there are physical presence requirements written into the law; if you take too many long "vacations" you will be automatically denied if those trips are so great in number that you fail to have the required 18 or 30 months of physical presence in the US.