Case Scenario: Two 6-12 month absences without re-entry permits.

[zap0paz]

Hi all, I believe many of us have situations similar to below and I would like to seek your expertise and hear out your experiences. Please see details below:

I have two 6-12 month absences:

• 80 days after my activation trip, I returned back to continue and graduate from the university to obtain bachelors degree.
  • 80 days physical presence in-states; I did not work in the US.
  • 9 months, 10 days (282 days) absence. (I did not file tax for that year)
  • No re-entry permits obtained.
    • May I prove my continued interest in becoming a US Citizen by showing the university transcript and graduation documents, such as diploma and photographs taken during the graduation ceremony? (Please note, immediate family member was a student in the US during the above stated period.)

• 2 month after graduation ceremony, I arrived back in the states for the 2nd time.
  • 220 days physical presence in-states;
  • 11 months (355 days) absence; Note, 355 days of interruption had happened in the same calendar year. (I did not file tax for that year)
  • No re-entry permits obtained.
    • Although I was not living there, I had signed an apartment lease for 11 month (334 days) in the US together with an immediate family member and paid rent in full each month;
    • I had obtained a debit card from a well known financial institution in the US;
    • I had not worked in my home country;
    • I was also preparing for graduate schools in the US.
      • I do have admission letters from well known universities, including Columbia University.
• Arrived in the US after the above stated 355 days and started the graduate school and since then I have left US only for 110 total days during the next 2 years and 9 months (I made total of 7 trips during 5 years).

Other important facts:

1. 5 years have already passed since my activation trip (06/2009).
2. Currently employed and hold a graduate degree from a well known university (High GPA).
3. I do have the SSS number and registered within the allowed duration.
4. Have a good credit score.
5. I have been physically present in the U.S. for thirty months within the five year period. I have longer than 1100 days (30 months) of physical presence and shorter than 800 days (25 months) of absence.
6. I have resided for at least three months in the current USCIS district or state where I claim to have residency.

Q1: Is it safe to file N-400?

Q2: Potential questions that could arise from the above case?

Q3: Are my proofs enough? Which other documents could prove my case?

 

[Jackolantern]

All I can say is apply and see what happens. With TWO trips over 6 months your chances are not good, but approval is still possible.

 

[zap0paz]

Can we get more inputs please?

 

[FriscoDude]

I agree with Jackolantern. Your chances are not good, ok at best, but still possible. You're going to be required to provide evidence that you maintain a residence in the US during those two long periods outside of the US. I'd still try if I were you, but be prepared for a potential refusal.

 

[sap283]

I’m not an attorney, but I think it’s going to be tough, especially since from your comments, it appears that you were studying, hence had no intention of returning within 6 months i.e. trips were pre-planned for more than 6 months... IO has broad discretion as to what may constitute as the valid reason for your longer trips. I believe burden is on you to prove that the trips were temporary and you couldn't return within 6 months, in your case it's opposite. once again, just my opinion.

 

[sanjoseaug20]

• Although I was not living there, I had signed an apartment lease for 11 month (334 days) in the US together with an immediate family member and paid rent in full each month;

Others have answered and I think its a game of odds on how much time does the officer want to spend on your case. But lets try to analyze the above statement ....

While you had a lease for the apartment, can you show the utility bills in your name? What was the source of income through which you paid those bills (or the rental)?

 

[Hannah7]

When did the last long trip end? It may be just safer to apply for citizenship 4 years and 1 day from the end of the last long trip.

 

[zap0paz]

Others have answered and I think its a game of odds on how much time does the officer want to spend on your case. But lets try to analyze the above statement ....
While you had a lease for the apartment, can you show the utility bills in your name? What was the source of income through which you paid those bills (or the rental)?

Hi, thanks for your reply. Utility bills were under immediate members name and was never under mine. I had not paid utility bills during my absence either. Saved funds were the source of payments.
How do my answers help officer to approve or refuse my application?

When did the last long trip end? It may be just safer to apply for citizenship 4 years and 1 day from the end of the last long trip.

Thanks for reminding me the 4+1 rule. According to USCIS, the rule is for following:
An applicant who is required to establish continuous residence for at least five years and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence.

I’m not an attorney, but I think it’s going to be tough, especially since from your comments, it appears that you were studying, hence had no intention of returning within 6 months i.e. trips were pre-planned for more than 6 months... IO has broad discretion as to what may constitute as the valid reason for your longer trips. I believe burden is on you to prove that the trips were temporary and you couldn't return within 6 months, in your case it's opposite. once again, just my opinion.

I need to be thinking how to prove that I could not return in less than 6 months - good point!

 

[Jackolantern]

I can't find it right now, but USCIS issued a letter giving their interpretation of that rule, to state that the 4y+1d provision is also available for absences of over 6 months but less than a year.

 

[p@rm4s]

@Jackolantern. I don't think it is true that the 4y+1d is for interruptions of less than a year. Perform the following search in Google and go to the first hint which is from the USCIS "Eligibility after Break in Residence"

@zap0paz please let us know when you file if you do and what the results are. I'm here helping my wife in her journey of becoming a citizen and have a slightly similar situation to yours. Thanks!

 

[stmykael]

good luck zapopaz