Am I eligible based on the following timeline for N400?

B

blazingfast

New Member
I wish to pursue citizenship as soon as possible.

I got my greencard over 8 years ago but couldn't due to circumstances apply for citizenship...Here is my timeline...

The FIRST THREE YEARS since I got my greencard I was in USA for over 95% of time...I only had a single trip outside USA for about 1.5 months.

The NEXT FIVE YEARS, I was out of USA for studies abroad, I had two-year re-entry permit TWICE, and I visited USA for only about 1.5-2months EVERY YEAR (10-11 months abroad CONTINUOUS, rest in USA on a SINGLE trip every summer)

I do understand that my "continuous residence" was broken but there is a clause in which i can try to prove to not have abandoned residence by showing family ties(MY parents, father LPR and Mother USC and Brother USC), tax returns, house, etc

Unfortunately, there was no other possible time for me to apply for citizenship as I wasn't able to stay in USA for longer than 2 months MAX when I was a student abroad to apply for N400.

So now, I have returned to USA after my studies, been here for 2.5months already.

Now, under the "Physical Presence" clause..I understand that they see ONLY your PAST 5 years...Not from Day 1 since you were a LPR..which sucks...Is there any workaround or something possible that I am not seeing?
I would otherwise have completed 50% of time since I was a LPR(i.e. 4yrs out of 8) in a few months.

The urgency of the situation is that I have a marriage coming up with a
"alien relative" who due to the recent major regression in F2a category wont be able to immigrate anytime soon, nor will I be able to stay with her abroad for long or I would face domicile issues..Applying for a Re-entry permit for a third time MIGHT give me another year, but I really wish not to leave USA due to employment, further studies, and continuance of my physical presence in USA for n400 if i indeed need to wait another 2.5years(IF my continous residence is proven, but physical presence not accepted) OR 4years(IF my continuous residence itself is proved broken).

Also, applying a Re-entry may show "lack of intent" to stay in USA for n400.

Also, on my extensive online search I don't think I could apply for N470 to preserve my days in USA while I am abroad.

Kindly Suggest.:confused: I am REALLY HOPING, I have not answered all my questions myself and someone shows me a path I have not seen..

EDIT: I am registered under selective service system.
 
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In all your research you have probably already read 8 CFR 316.5(c)(1)(i) and (ii) which provides the remedy of waiting 4 years and 1 day to meet the continuous residence requirement. Being that the physical presence requirement is seperate, you can still visit abroad during that 4 year and 1 day wait (which is already underway).

It's up to you to weigh your evidence and decide if you want to file an N-400 under the present circumstances, know what you face.

(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:

(A) The applicant did not terminate his or her employment in the United States; ?Did you ever have any? Is it relevant?

(B) The applicant's immediate family remained in the United States; Dude, you hooked up with someone abroad whom you plan to marry, this is a weak point, you have "left the nest". They're looking for spouse and child not; momma, poppa, brother...

(C) The applicant retained full access to his or her United States abode; or Young adult goes away to college/university....how would you weigh that evidence?

(D) The applicant did not obtain employment while abroad. Being a full-time student is a heck of a lot like this. Did you work abroad?

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
 
Physical Presence is pretty much black and white. There is no way you can justify it by family reasons or going back more than 5 years. You need to look back 5 years and see if you have the days. If you do not, spend time in US.

Continuous residence ... you might be able to justify it by stating family reasons. As Joe said, this may not work since you have left the nest ... however, you do not need to disclose the upcoming nupitals. As long as you are young (er), you might be able to show being supported by family and hence having ties with US.
 
blazingfast said:
Kindly Suggest.:confused: I am REALLY HOPING, I have not answered all my questions myself and someone shows me a path I have not seen..

.
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In your case there's no way around the 30 month physical presence requirement in the 5 years preceding the file date of your application. You'll need to accumulate 30 months of physical presence and also meet 5 years of continuous residence.
 
In all your research you have probably already read 8 CFR 316.5(c)(1)(i) and (ii) which provides the remedy of waiting 4 years and 1 day to meet the continuous residence requirement. Being that the physical presence requirement is seperate, you can still visit abroad during that 4 year and 1 day wait (which is already underway).
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Yes, I have but expediting it was my hope. Visiting will be very difficult.



(A) The applicant did not terminate his or her employment in the United States; ?Did you ever have any? Is it relevant?
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I wasn't employed. I had just finished Highschool. Didn't get admission in a particular program in USA and decided to study abroad. I AM presently employed in the USA though. And also looking forward to few years of college more in a USA university

(B) The applicant's immediate family remained in the United States; Dude, you hooked up with someone abroad whom you plan to marry, this is a weak point, you have "left the nest". They're looking for spouse and child not; momma, poppa, brother...
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True. But all I have is Mom and Brother(USC) and Pops(LPR) in USA

(C) The applicant retained full access to his or her United States abode; or Young adult goes away to college/university....how would you weigh that evidence?
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Left coz of no admission in USA college.

(D) The applicant did not obtain employment while abroad. Being a full-time student is a heck of a lot like this. Did you work abroad?
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No employment. Only full time student.

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
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Not applicable as i was never away for more than 1 yr
 
There are two types of break but only a single remedy which is used for BOTH types of breaks. That has been a settled legal matter since at least 1993.
 
blazingfast said:
Also, applying a Re-entry may show "lack of intent" to stay in USA for n400.
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No it doesn't. Reentry permits are not viewed negatively in the citizenship process. What is viewed negatively is if you travel abroad for long periods, regardless of your reentry permit.
 
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