Confused about the eligibility of Citizenship Application

[Planetconfused]

I got the GC in Nov'02. I stayed in US continuously till March'05, then i was travelling on business for most of the two years(Dec'06) most of the trips are less than six months(one was >6months). But i was employed through a US organization and paying taxes and got the Paystubs and everything. Does that mean that am I eligible for applying for citizenship this year. Or do I have to wait? From Dec'06 I didn't travelled I am staying here continuously.

Please share your thoughts. Thanks very much

 

[takadigi]

I got the GC in Nov'02. I stayed in US continuously till March'05, then i was travelling on business for most of the two years(Dec'06) most of the trips are less than six months(one was >6months). But i was employed through a US organization and paying taxes and got the Paystubs and everything. Does that mean that am I eligible for applying for citizenship this year. Or do I have to wait? From Dec'06 I didn't travelled I am staying here continuously.

Paystubs and employment by US based organizations mean nothing as far as continuous residency rules are concerned. If you did one trip over 6 months stay, you broke that rule and your counter restarted. You will have to wait for 4 years and 1 day since you entered the US after that 6+ month trip. However, if you do another 6+ month trip again, you counter will again reset.

 

[boatbod]

Paystubs and employment by US based organizations mean nothing as far as continuous residency rules are concerned. If you did one trip over 6 months stay, you broke that rule and your counter restarted.

Not necessarily, since 6-12month absences can sometimes be ruled as non-residence breaking providing you can prove that your trip was temporary. It can be done, but when seen in the light of all your other trips, you may face an uphill battle.

 

[zyxLPR]

You will have to wait for 4 years and 1 day since you entered the US after that 6+ month trip.

Can you point us to a document/site where it clearly says 4yr+1day rule is applied for the people who made trip(s) for more than 6m but less than 1yr?

 

[zyxLPR]

Paystubs and employment by US based organizations mean nothing as far as continuous residency rules are concerned. If you did one trip over 6 months stay, you broke that rule and your counter restarted. You will have to wait for 4 years and 1 day since you entered the US after that 6+ month trip.

Dear planetconfused,
Don't give up your hope. Trips that lasted more than 6m but less than 1yr results in rebuttable presumption. However, if you can prove that you have not abandoned your residence in the U.S. by showing various documents you may be able to convince IO at the time of interview. But at the end of the day it is the IO's discretion whether to approve or deny your application.

I would suggest you to take help from an experienced immigration attorney.

I have had two trips that lasted for >6m but <1yr and my application has been denied last week. But I am determined to appeal and explore all options that are available to me, including requesting a private bill in the congress.

Good Luck, buddy.

 

[McMahon]

Common sense also suggests that if your employer sends you on business trips, your employer usually intends to get you back, which would mean that you would not be intending to abandon US residency. (Unless your employer asked to to relocate abroad, but this would be a different story).

My 2 cents.

 

[boatbod]

Can you point us to a document/site where it clearly says 4yr+1day rule is applied for the people who made trip(s) for more than 6m but less than 1yr?

I don't have the link to hand (not on my own computer), but I did post a reference to just such a document not more than about a month ago. Search some of my old posts, especially anything with "4yr+1day" in the title.