Absent from US for 9months - Seniors please

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zap0paz

Registered Users (C)
I know that there are many questions about what happens if I stay out of the US for more than 6months and so on.

My question will be a little different. So first time, I went in and stayed for 3months and returned back for 9months. And then got back into the US and stayed for 6months and now I'm out of the country for 9months. Planning to go to the states in mid-October for good.

According to the USCIS:http://www.uscis.gov/portal/site/us...nnel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

"Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis)"

Legal basis states this information:

(c) Disruption of continuity of residence
(1) Absence from the United States .
(i) For continuous periods of between six (6) months and one (1) year. 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. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant's immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad.

1. My situation does not fit to "A".
2. My brother studies in the US and he is on his F1-student visa. Can this be an example of "B"?
3. I was paying rent until August 2011. Now, I do not.
4. I did not obtain any employment while I was out for 9months and will not by the time I get into the US.

My Questions:
Now, what should be other options that I can use in order not to loose my previous continues residency time frame?
In what cases I can face problems?
 
zap0paz said:
(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant's immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad.

1. My situation does not fit to "A".
2. My brother studies in the US and he is on his F1-student visa. Can this be an example of "B"?
3. I was paying rent until August 2011. Now, I do not.
4. I did not obtain any employment while I was out for 9months and will not by the time I get into the US.
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"Immediate family" is referring to spouse and dependent children, not siblings.

It's good that you were paying rent for the majority of your stay abroad. Bring evidence of that to the interview. Although it's not so good that you didn't keep paying rent throughout the entire trip.

It's a positive that you didn't get a job when outside the US, but a negative that you didn't maintain a US job while you were abroad.

I don't think your chances of approval are very good, but your chances aren't horribly bad either. Continuous residence is subjective and we can't predict what the naturalization interviewer will decide. You can apply and see what happens. Or wait until it is 4 years and 1 day after the end of the 9 month trip.
 
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The most practical, safe, and easiest course would be to wait at least 4 years and 1 day upon your next entry before considering filing an N-400.
 
Jackolantern said:
"Immediate family" is referring to spouse and dependent children, not siblings.

It's good that you were paying rent for the majority of your stay abroad. Bring evidence of that to the interview. Although it's not so good that you didn't keep paying rent throughout the entire trip.

It's a positive that you didn't get a job when outside the US, but a negative that you didn't maintain a US job while you were abroad.

I don't think your chances of approval are very good, but your chances aren't horribly bad either. Continuous residence is subjective and we can't predict what the naturalization interviewer will decide. You can apply and see what happens. Or wait until it is 4 years and 1 day after the end of the 9 month trip.
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You have noted to bring evidence to the interview. What interview are we talking about? What other options do I have to say so they do not cancel previous continues residency. I was not told anything on POE previous time about this.

And why do you exactly say 4years and 1 day? I have activated GC in 2009.
 
zap0paz said:
You have noted to bring evidence to the interview. What interview are we talking about?
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The naturalization interview. The very page you quoted has "Continuous Residence and Physical Presence Requirements for Naturalization" at the top. That rule about "Absences of more than six months but less than one year" is referring to naturalization.

What other options do I have to say so they do not cancel previous continues residency. I was not told anything on POE previous time about this.
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Entry at the POE has separate criteria than naturalization. You're probably won't have trouble at your next entry at the POE except maybe a warning, but for naturalization your absence of over 6 months has created a presumption of breaking continuous residence. To overcome that presumption you must present adequate evidence in the interview.

And why do you exactly say 4years and 1 day? I have activated GC in 2009.
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For naturalization, if you break continuous residence you are eligible to (re)apply when it is 4 years and 1 day after the last trip that broke continuous residence (or 2 years and 1 day if you're applying based on marriage to a US citizen).
 
Jackolantern said:
"Immediate family" is referring to spouse and dependent children, not siblings.

It's good that you were paying rent for the majority of your stay abroad. Bring evidence of that to the interview. Although it's not so good that you didn't keep paying rent throughout the entire trip.

It's a positive that you didn't get a job when outside the US, but a negative that you didn't maintain a US job while you were abroad.

I don't think your chances of approval are very good, but your chances aren't horribly bad either. Continuous residence is subjective and we can't predict what the naturalization interviewer will decide. You can apply and see what happens. Or wait until it is 4 years and 1 day after the end of the 9 month trip.
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You cut and pasted 8 CFR 316.5(c)(1)(i), did you not also read the very next thing in (ii)?
 
BigJoe5 said:
You cut and pasted 8 CFR 316.5(c)(1)(i), did you not also read the very next thing in (ii)?
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Otherwise, I would not have a clue what I am asking to you. I thought maybe Jack was referring to something else when mentioning interview (such as SB visa interview).

So how do I know if my continues residence was counted or not before applying to Naturalization?
 
zap0paz said:
Otherwise, I would not have a clue what I am asking to you. I thought maybe Jack was referring to something else when mentioning interview (such as SB visa interview).

So how do I know if my continues residence was counted or not before applying to Naturalization?
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You left the US for more than 6 months and less than a year, so you can't know before applying if you've satisfied continuous residence. It will be evaluated in the naturalization process, based on the evidence you present and the discretion of the officer. To know for sure, either you must apply and see what happens, or wait long enough (4 years + 1 day) so that the 9-month trip becomes too old to hurt your eligibility to naturalize.
 
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