Citizenship eligibility - a not so common scenario

A

avanisa

Registered Users (C)
Hi Friends,

I have a situation and wondering if you know first or nth hand information on this may pan out -

I have a PR since Sep 01. Been in the US continuously till Nov 04. Then, temporarily moved to India(to take care of parents) - till Jan 07. That is 2 years and 3 months. In between, came to the US twice, so that my stay outside US was not more than 1 year at a time.

Then, moved back in Jan/07 and been here ever since.

So, I am wondering how my citizenship scenario pans out. One one hand, I have technically fulfilled stay in the USA for over 5 years and haven't abandoned PR - maintained bank account, filed taxes, was not out of US for more than 10 months at a time.

Clearly, this is a situation. WOndering if others have been in this boat and how they fared.

Thanks in advance for the time.
 
Don't take my word to the bank, but I think that long absence broke your continuous residence. You'll have to wait 4 years and 1 day after you came back in Jan 2007. So that would be some time in Jan 2011.

My interpretation would be 4 years and 1 day after your last trip of over 6 months.
 
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avanisa said:
Hi Friends,

I have a situation and wondering if you know first or nth hand information on this may pan out -

I have a PR since Sep 01. Been in the US continuously till Nov 04. Then, temporarily moved to India(to take care of parents) - till Jan 07. That is 2 years and 3 months. In between, came to the US twice, so that my stay outside US was not more than 1 year at a time.

Then, moved back in Jan/07 and been here ever since.

So, I am wondering how my citizenship scenario pans out. One one hand, I have technically fulfilled stay in the USA for over 5 years and haven't abandoned PR - maintained bank account, filed taxes, was not out of US for more than 10 months at a time.

Clearly, this is a situation. WOndering if others have been in this boat and how they fared.

Thanks in advance for the time.
Click to expand...

You can apply if you are sure that you can show USCIS that those 10 months you have not broken continuous residency.
you can show them some medical evidence that you were taking care of your parents.
It is a difficult case but you can apply( try your luck) to see what happens.
But you need a lot of paper work to convince them that you have not broken continuous residency.
 
avanisa said:
Hi Friends,

I have a situation and wondering if you know first or nth hand information on this may pan out -

I have a PR since Sep 01. Been in the US continuously till Nov 04. Then, temporarily moved to India(to take care of parents) - till Jan 07. That is 2 years and 3 months. In between, came to the US twice, so that my stay outside US was not more than 1 year at a time.

Then, moved back in Jan/07 and been here ever since.

So, I am wondering how my citizenship scenario pans out. One one hand, I have technically fulfilled stay in the USA for over 5 years and haven't abandoned PR - maintained bank account, filed taxes, was not out of US for more than 10 months at a time.

Clearly, this is a situation. WOndering if others have been in this boat and how they fared.

Thanks in advance for the time.
Click to expand...
Have you maintained a US residence while you were in India? Did your spouse (if any) accompany you in India?
 
Hi Friends,

Thanks so much for the thoughts. No,I didn't have a house. I always rented, so that (selling a house, for example) shouldn't be a negative.

This is a tricky situation. I wouldn't mind spending the money and time. If rejected, would the time for the "next" citizenship application start from that day or Jan 2007(when I came back) ? If it is the latter, it may be worth it.

Replies would be appreciated.
 
waiting is good

Hi Avanisa,

I think it is better if you wait 4 yrs 1 day from the date you come back(i.e until Jan 2011). It will save you money and all hassle of going through all the process only to get rejected in the end when you know your chances are slim.

All the best
 
If you apply and get rejected you should be able to reapply four years and 1 day after you came back in 2007, your application is not going to change this, even if rejected. Basically you are risking money and time, not much else. However, I am afraid your chances of success are pretty slim, but not zero, so you might still have a chance if you have a sympathetic IO and you can document the reasons for your long absence from the US. However, let me emphasize my opinion that chances of success are slim.
 
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