Am I eligible based on the following timeline for N400?

N

ninasam

New Member
In the last five years my mom travelled to india every six months. Only during one stay when I calculated the number of days it was 183. I am attaching the dates. Will that be a problem when applying for citizenship?
Date when left USA
7/20/2009 to nov 4 2009
11/20/2010 to 5/11/2011
12/01/2011 to 4/30/2012
11/23/2012 to 5/26/2013 This is coming up to 183 days
1/1/2014 to 5/20/2014
11/11/2014 to 4/18/2015 36

Thanks for all your help
 
I think it could be a problem. She has a repeated pattern of long absences every year. So the application is already borderline to begin with. The 183 day absence on top of that makes it harder to prove your case.

Once you accrue an absence beyond 180 days, the tables are turned. Instead of the government having to prove that you abandoned your residency, you need to prove that you did not. So they will look at your application individually to see where your mom has the greater ties. For example, if she owns property in the US and resides in her own home, and does not own property in India, then that would be favorable for your application. Conversely, if she owns a home in India and rents in the US (or worse, stays with friends or family), then that would hurt your application. Things that they examine include employment records, property records, drivers license and auto registration, income tax transcripts, and bank account statements.

I'm sorry to say that those extra 3 days make a big difference. You may still be able to win your case but it will take effort.
 
Assuming you have no further long absences, you can claim continuous residency as of 5/26/2013, so you can apply 5 years minus 90 days from this date, which is February 25, 2018.
 
You must log in or register to reply here.
Top