Help! Continuous residence problem!

[TempleRanny]

I arrived in the United States on Dec 2012 and was hoping to apply for naturalization on my 5th yr this year. However, due to unseen circumstances and separation anxiety, i left and went back to my homeland. I stayed there for 11 months and took care of my grandma. My parents and siblings are US Citizens and have been living in the US for the longest time. I was the last one to come over and was petitioned.

My question is, I know the 11 months disrupted my continuous residence.. How can i prove that i did not abandon my residence? (Not sure how i can prove strong ties with family while i was away? also, did not have any bank account open as i was still young and did not see the reason to have one. ) Also, if i did not want the 11 months to be considered, how much longer should i Wait to obtain the continuous residence status? I am not sure if the 4 years and 1 day applies to my situation. Appreciate any responses!

PS. I have been physically present in the US for more than 3 years.

 

[newacct]

You did not abandon your residence because, obviously, you are still a permanent resident. I think you mean to say how do you prove that the 11 month absence did not interrupt your continuous residence, since for absences of between 6 months and 1 year it is possible to overcome the presumption of interrupting continuous residence with certain evidence. This section of the USCIS policy manual gives some ideas, including proof that you kept your job in the US, proof your family was in the US, or proof you retaining access to your home in the US.

Regarding the 4 year + 1 day rule, there are conflicting opinions about whether this applies to absences of between 6 months and 1 year (as it seems on the surface that it only applies to absences of more than 1 year). My opinion is that it does apply, as long as you've also been a permanent resident for at least 5 years.