Naturalization eligibility if having trips of more than six months

Sep

New Member
Hello everyone,
I have some questions to ask here, I hope some of you could help me here.
I am a U.S resident since 2010. In 2011 and 2012 I was student in Canada, and I had several short returns to U.S (two days and less) just not to loose my Green card. However one of my stays in Canada took 6 months and 19 days (Jun, 11, 2012-Dec 30 2012), before I permanently move to U.S on December 30, 2012. Here are my questions?
If Naturalization would be denied due to breaking continuous residency (of more than six month and less than 1 year), when is the next earliest time I can apply again?
will it be 4 years and 1 day from the return date of the trip which has broken the continuity of continuous residency, or from any last trip even if shorter than six months after that? or from the date that my N-400 application has been denied?
Can I basically use the 4 years & 1 day rule for naturalization counting form day I returned to U.S from my long trip of more than 6 months and less than a year?
Will a naturalization denial due to break in continuous residency have any negative effect on my next attempts for naturalization?

Thank you very much in advance
 
Did you apply for naturalisation already? If not, don't do it until 4 years plus 1 day from 30 December 2012, so 29 December 2016. Also, don't do it on that exact day - wait a week or so. A denial otherwise will not affect you if you subsequently meet the requirements for naturalisation again.
 
Thank you for your response. I have not yet applied for residency, however it is very important for me to be citizen as soon as possible, I thought I try my chances if the 650$ is the only cost!
So, just to double check, I can still benefit from the 4year+1day rule if I have absence of between 6 to 12 months, is that right?
 
Well, if you're willing to risk the filing fee, then there is no harm. You're right in thinking that you have a chance of approval if you can demonstrate sufficient ties to the US. As a student abroad, the chances of this are higher. Sorry that I didn't notice this.
 
That is good to know that there is no other risk rather than the filing fee. Regarding my other concern for the 4year+1 rule for absence between 6-12 months I found this article in stevenslawyer.com

"Can an Applicant Use the 4 Year + 1 Day Rule After a 6-12 Month Trip?

Maybe. 8 CFR 316.5(c)(1)(ii) states that if a naturalization applicant disrupts her permanent resident status by leaving the USA for over 1 year, than she can reapply. The rule does not say anything about a green card holder who left the USA for 6-12 months. Does the rule apply or not? Because the rule is not clear, it is up to the USCIS Officer’s discretion whether the 4 Year +1 Day Rule applies for a green card holder who has been outside the USA for 6-12 months (and not over 1 year).

Some immigration attorneys have successfully won these cases by saying that the U.S. Supreme Court has often stated that “nothing is better settled than that statutes should receive a sensible construction such as will effectuate the legislative intention, and, if possible, so as to avoid an unjust or an absurd conclusion.” (Lau Ow Bew v. United States, 144 U.S. 47, 59 (1892)). The immigration attorneys have argued that if the 4 year + 1 day rule only applies to applicants out of the USA for more than 1 year, that is an “absurd conclusion” of the statute. Therefore, a naturalization applicant who wishes to try to use the 4 Year + 1 Day Rule in 6- 12 month absence situations is definitely risking a delay in their citizenship and a possible denial."

I still would like to know if anyone has tried this 4year+1 rule for absence of 6-12 month, or has any specific information on that?


Thank you
 
Two other questions just occurred to me!
1. Does the 3 immediate Months of Local Residence prior to filing naturalization application means that I should have absolutely no trip outside the U.S. in the last three months? or a short tip of 1 week or so is safe?
2. Right after applying for naturalization, what is the travel rule?

Thanks
 
Hi Sep,

would you mind to share how it end up? I am in a similar situation.

Thanks!

JJ
 
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