180 days absence a problem?

Ifitis2be

Active Member
#1
I am filing for naturalization and have these 3 concerns:
1. One of my trips lasted 180 so an alert came up that I may have broken continuous stay. I have looked at the rule and it says being outside of the US for OVER 180 days, constitutes a break. I seem to even recall 182 days. This should not be a cause for rejection right? I have proof of still Living here (mortgage, home, car registration, insurance, bank statements etc)
2. Ex Husband owes 2017 taxes (4000$). He’s been paying every month towards it and my last few tax returns have been applied to his debt as we filed jointly that year. Showing proof payment plan is being honored should make this fine right?
3. I launched a non profit that hasn’t generated an income for me for the past 5 years. Should I still list it in the jobs section as my main occupation for the past 5 years or leave it blank since I didn’t earn a pay check for this work?
Thanks for advising
 

Fin

Registered Users (C)
#2
Any absence more than 180 days and lsss than 1 year leads to the presumption of break in continuous residence. So now the applicant has a burden of proof to show that they have not broken their continuous stay by showing family ties, that they were still working, held mortgages etc.

You have to show that you have an IRS approved payment plan and that you are paying regularly as per the plan

I would list the non profit in the employment section. There is no requirement of revenue or profits. It’s actually in your benefit to do so, since this could work in your favor for the purposes of proving continuous residence.
 

Ifitis2be

Active Member
#3
Any absence more than 180 days and lsss than 1 year leads to the presumption of break in continuous residence. So now the applicant has a burden of proof to show that they have not broken their continuous stay by showing family ties, that they were still working, held mortgages etc.

You have to show that you have an IRS approved payment plan and that you are paying regularly as per the plan

I would list the non profit in the employment section. There is no requirement of revenue or profits. It’s actually in your benefit to do so, since this could work in your favor for the purposes of proving continuous residence.
Thanks a lot Fin. Very useful advice. My absence was 180 not a day more...but I guess I will still have to prove intent then?
 

SusieQQQ

Well-Known Member
#4
You are correct in that the manual says “more than 180 days” (I don’t know where you got 182 from). I would still take the evidence to rebut the presumption of breaking continuous residence if I were you, especially as the computer system flagged it. Better to have it and not need it than need it and not have it...
 

Fin

Registered Users (C)
#5
Thanks a lot Fin. Very useful advice. My absence was 180 not a day more...but I guess I will still have to prove intent then?
If I were you, I would be prepared to rebut since the regulation can interpreted as 6 months or more even though the manual says more than 6 months. Regulations have more weight than the manual and the actual statutes have the most weightage in law.

316.5 (c) states the follows “...Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service”
 

Ifitis2be

Active Member
#6
If I were you, I would be prepared to rebut since the regulation can interpreted as 6 months or more even though the manual says more than 6 months. Regulations have more weight than the manual and the actual statutes have the most weightage in law.

316.5 (c) states the follows “...Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service”
Thanks very much. I have lots of documents to prove I was still very much living here so I will prepare them to rebute. Thanks so much for this, much appreciated
 

Ifitis2be

Active Member
#7
You are correct in that the manual says “more than 180 days” (I don’t know where you got 182 from). I would still take the evidence to rebut the presumption of breaking continuous residence if I were you, especially as the computer system flagged it. Better to have it and not need it than need it and not have it...
Indeed. Will have everything ready. I appreciate your time and help as always my fellow DV’er
 
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