Pending N400

[Naz121]

i applied for N400 on the 22nd of jan 08 the check has already been cashed my question is that i am a permanent resident since 1999 i took 3 trips outside the us
2000/30days
2006/4months aprl-aug
2007/9 months jan-oct <-- this 9 month trip was due to medical reason

so will it be a problem for me to get us citizenship as i stayed out of us for 9 months but with my application i did provide a written letter as to why i was out for so long please let me know if you were in a similar situation

 

[Bobsmyth]

Staying outside the country for 9 months assumes you have broken continuous residency. With proper evidence at the interview (doctor's note,proof you kept US employment, proof of lease in US while away, family members in US while away, US business, etc) you must satisfactorily show USCIS intent in order to not break continuous residence requirement.

 

[Atlanta_Brother]

Not a problem

Staying outside the country for 9 months assumes you have broken continuous residency. With proper evidence at the interview (doctor's note,proof you kept US employment, proof of lease in US while away, family members in US while away, US business, etc) you must satisfactorily show USCIS intent in order to not break continuous residence requirement.

I have to disagree with Bobsmyth here. You cannot stay outside of US for more than 1 year. If you return back within 1 year, you should be fine. Since you were away for 9 months, I don't see a problem at all. I myself was out of the country for almost a year and that issue never raised any flag.

 

[Bobsmyth]

8 C.F.R. § 316.5(c)(1)(ii) goes into detail about continuous residency requirements in order to apply for naturalization. It clearly states that travel for more than 6 months but less than 1 year assumes a break in continuous residence requirement unless proven otherwise.

Atlanta_Brother, Naz121 is referring to continuous residence requirement before applying for N-400. Are you perhaps referring to your travel outside the country after you applied for naturalization? These are two totally different things.

 

[Atlanta_Brother]

Prior to applying for citizenship

8 C.F.R. § 316.5(c)(1)(ii) goes into detail about continuous residency requirements in order to apply for naturalization. It clearly states that travel for more than 6 months but less than 1 year assumes a break in continuous residence requirement unless proven otherwise.

Atlanta_Brother, Naz121 is referring to continuous residence requirement before applying for N-400. Are you perhaps referring to your travel outside the country after you applied for naturalization? These are two totally different things.

Yes Bobsmyth, I see your point but I guess Naz121 is referring to the days he spent outside of US prior to applying for citizenship. This is what I understand after reading his note. Correct me if I am wrong.

 

[Naz121]

i am reffering to travelling outside the us prior to filing i think if the trip does go over 1 year then it might cause a problem but i do have proof like doctor notes and name on the lease and i did file my taxes to show at the interview but i am still scared hope everything works out ok

 

[Bobsmyth]

Yes Bobsmyth, I see your point but I guess Naz121 is referring to the days he spent outside of US prior to applying for citizenship. This is what I understand after reading his note. Correct me if I am wrong.

Naz121 is referring to days spent outside the country before applying for citizenship and therefore a break in continuous residency is assumed since Naz121 spent 9 months out of country in 2007 before he applied.

 

[Atlanta_Brother]

Ok

Naz121 is referring to days spent outside the country before applying for citizenship and therefore a break in continuous residency is assumed since Naz121 spent 9 months out of country in 2007 before he applied.

Ok Bobsmyth is right. I see his point. Sorry if I misunderstood or created any confusion.