Apply for citizenship while traveling abroad for 11 months

[Darsh009]

Hello everyone

I will complete 5 years since receiving my green this September

I had 2 issues:

1. I traveled outside the US for 11 months back starting October 2015, l due to my father's surgery back home, since then I just had short trips.

2. I haven't file taxes return back in 2015 as I just had one paycheck in the whole year for $40 and wasn't aware of the taxes system back then.

Would it be better to wait until next year to skip the above issues occurred in my first year here in the US or I can still apply and might have a chance for my application to go through?

Thanks in advance for your support.

 

[SusieQQQ]

In your shoes, I would wait, because of the 11 month absence (it doesn’t sound like you then had enough ties to the US to overcome the presumed break in residence, as it seems you left very soon after getting your green card).
You will still have to answer the question about “have you ever” failed to file a tax return, but as your income was well below the minimum for filing that should be easily explained.

 

[Darsh009]

In your shoes, I would wait, because of the 11 month absence (it doesn’t sound like you then had enough ties to the US to overcome the presumed break in residence, as it seems you left very soon after getting your green card).
You will still have to answer the question about “have you ever” failed to file a tax return, but as your income was well below the minimum for filing that should be easily explained.

Thank you very much for this information, I didn't know that there is a minimum for filling.

So even if these 11 months were at the beginning of my journey and I had reasons to get back home it still couldn't be enough to convince the officer?

 

[SusieQQQ]

Thank you very much for this information, I didn't know that there is a minimum for filling.

So even if these 11 months were at the beginning of my journey and I had reasons to get back home it still couldn't be enough to convince the officer?

The point is not the reason to go back home. The point is whether you can show you still had ties in the US to overcome the presumption of a break in residence. I have quoted from the manual below, you can decide for yourself if you think you can argue your point.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:[14]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;
• The applicant’s immediate family members remained in the United States; and
• The applicant retained full access to or continued to own or lease a home in the United States.

 

[Darsh009]

No, in my case I didn't have any of these ties to the US during the first 11 months.
But for the following 4 years I never had any issues in continuously living in the US, would this make any difference?

 

[SusieQQQ]

No, in my case I didn't have any of these ties to the US during the first 11 months.
But for the following 4 years I never had any issues in continuously living in the US, would this make any difference?

I’ve given you the link to the manual, you know you are presumed to break residence after 6 months absence, and I already said in my first reply what I would do in your case. But it’s your case, your decision.