Broke continuous residency once 5.5 years ago, don't have proof documents, still eligible?

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detache

New Member
I became a permanent resident in Jan 2005, and am now planning to apply for naturalization. I have only been outside of the U.S. 13 months out of the last 5 years, so I'm technically eligible.

However, in 2005 I was "studying abroad" and also visited my (different) country of origin during breaks. As a result, one of my trips outside the US in 2005 happened to be exactly 6 months (180 days). I eventually transferred to a U.S. college in 2007, and have not left the U.S. since August of 2009.

I found today that, according to the "Document Checklist" (M-477);
If you have taken any trip outside the U.S. that lasted 6 months or more since becoming a LPR, send evidence that you continued to live, work, and/or keep ties to the U.S. such as: IRS Tax return transcript for the last 5 years OR rent/mortage payments/pay stubs.
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My predicament is: I do not have any such documents to provide. I had just entered college in 2005, and was studying "abroad" and living in dorms. I have only recently graduated, started to work, and filed my first tax return this past year.

My question is whether I'm eligible for naturalization now? According to the "worksheet" (M-480) I am eligible, as I have not been outside of the U.S. for more than 30 months in the last 5 years (or since I first broke continuous residency in March-September 2005). Yet I do not have the documents prove I still had "ties" to the U.S. during those 6 months in 2005.

Can anyone provide some input and/or advice? It would be greatly appreciated. Thanks.
 
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Residence is only officially broken of a stay outside US of over 1 year, absences over 6 months one time in the last 5 year will not warrant unfavorable nat'z decision specially with such a strong reason as you have, plus you returned on the 180th day. IMO you should be able to get your citizenship without an event.
 
Thanks so much for your response, it was pretty much what I had thought initially until I read this on page 22 of the Naturalization guide (M-476):

What if I was outside the United States between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this Guide to find out what information you must give to prove you did not break your continuous residence.
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As I don't have the documents they require, I wasn't sure whether my application would be denied because I could not "prove" anything.

What's worse, this post here on the forum: "forums.immigration.com/showthread.php?5531-Abroad-for-amp-gt-6-months-but-amp-lt-1-year-No-US-citizenship" had a lawyer say this:

Coane says that individuals applying for citizenship who have been out of the U.S. for more than six months, should be prepared to prove that they had no intention of abandoning their status. If they do not have that evidence, they should seek the help of a lawyer, or, they should think twice about applying for citizenship.
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I'm aware that it could just be an immigration lawyer trying to get more clients, but I just wanted to be sure.
 
... individuals applying for citizenship who have been out of the U.S. for more than six months, ...

If it is out of purview, it is out of purview. A trip 5.5 years back is not relevant unless a lie was involved at re-entry (no officer, I just went abroad for 5 days!!).
 
If during the 5 years before your application you did not break or come close to breaking continuous residence, you are fine. To be safe, you can take proof that you studied abroad for those 6 months (which can technically be considered a break in continuous residence, by the way). It has been a while since that trip, though, so you're pretty much made in the shade.
 
cafeconleche said:
... which can technically be considered a break in continuous residence, by the way ...
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I know I am just repeating what you and I said, but ... the remedy of the break is either to prove the residence was not broken, or to restart the clock. If we just restart the clock, that is enough in this case.
 
You are worrying over something that is totally irrelevant!

The basic statutory period is the 5 years counting backwards from the date of the N-400 filing.
 
@Jackolantern: yes, the instructions are misleading and ambiguous. Thanks guys for all your responses, it was very helpful! I will be filing my N-400 tomorrow! :)
 
BigJoe5 said:
You are worrying over something that is totally irrelevant!

The basic statutory period is the 5 years counting backwards from the date of the N-400 filing.
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btw I do realize how crazy my OCD responses make me look, but it is $680 after all and I am a poor recent college grad with loads of school loans, so... yeah.

but thanks anyway for your response - I needed some confirmation and definitely got it here.
 
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