Continous Residence requirement for Naturalization

T

Tamychik

Registered Users (C)
I have been a permanent resident of the US since July 14 , 2004. I have made the following trips since then .
1. June 2004 to July 2004
2.Two trips in 2005 , the first one lasted from June '05 - August '05 and the second one lasted for over 6 months ( Sept 05 to March 06). I believe this absence of mine has disrupted my continuous residence in the US.
3. After March 2006 , all of the my trips were less than 2 months .
a) Nov 2007 - about 3 weeks
b) Feb 2009 to March 2009 - about 6 weeks
c) May 2010 - 2 weeks.

I feel I am ready to file for the citizenship since I believe I have completed my 4 years and 9 months ( i.e, Starting Sept '05 to May '10 ) in the US but I am not sure if I should go ahead since I don't want to lose my money and find out later that I wasn't really eligible . Also I lost my job in 2009 and haven't been able to find one still . Is my unemployment going to affect my eligibility further? Any advise is much appreciated. Thanks!
 
Tamychik said:
I feel I am ready to file for the citizenship since I believe I have completed my 4 years and 9 months ( i.e, Starting Sept '05 to May '10 ) in the US but I am not sure if I should go ahead since I don't want to lose my money and find out later that I wasn't really eligible . Also I lost my job in 2009 and haven't been able to find one still . Is my unemployment going to affect my eligibility further? Any advise is much appreciated. Thanks!
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If you want to be 100% sure your application be approved, you should count 5years since Mar06. You could apply in Dec2010. Unemployment will not affect your eligibility .
 
Tamychik said:
I have been a permanent resident of the US since July 14 , 2004. I have made the following trips since then .
1. June 2004 to July 2004
2.Two trips in 2005 , the first one lasted from June '05 - August '05 and the second one lasted for over 6 months ( Sept 05 to March 06). I believe this absence of mine has disrupted my continuous residence in the US.
3. After March 2006 , all of the my trips were less than 2 months .
a) Nov 2007 - about 3 weeks
b) Feb 2009 to March 2009 - about 6 weeks
c) May 2010 - 2 weeks.

I feel I am ready to file for the citizenship since I believe I have completed my 4 years and 9 months ( i.e, Starting Sept '05 to May '10 ) in the US but I am not sure if I should go ahead since I don't want to lose my money and find out later that I wasn't really eligible . Also I lost my job in 2009 and haven't been able to find one still . Is my unemployment going to affect my eligibility further? Any advise is much appreciated. Thanks!
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Did you have any US residency ties during 2005-2006 trips?
 
Tamychik said:
I feel I am ready to file for the citizenship since I believe I have completed my 4 years and 9 months ( i.e, Starting Sept '05 to May '10 ) in the US but I am not sure if I should go ahead since I don't want to lose my money and find out later that I wasn't really eligible .
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We can't be sure either, because when you take a 6+ month trip it is a subjective decision when the IO evaluates your ties to the US to determine if the evidence overcomes the presumption of breaking continuous residence.

So if you are worried about applying now and losing money, simply count back 90 days from the 5-year anniversary of your return date in March 2006, and apply on or after the resulting date in December 2010, so that 6 month trip will not affect you.
 
Jackolantern said:
We can't be sure either, because when you take a 6+ month trip it is a subjective decision when the IO evaluates your ties to the US to determine if the evidence overcomes the presumption of breaking continuous residence.
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It may be a subjective decision, but the odds for an approval improve greatly depending on the type of evidence that is presented.
Without knowing what US residency ties (if any) the OP had during the extended trip, it's premature to suggest the OP should wait to apply later based solely on the fear of being denied and loosing money.
 
I did have residency ties that time but I don't think I'll be able to provide proof of my ties. It's kinda ugly , I got legally separated, wasn't working and not in good terms with my ex. I have my 2004 Tax return but not 2005 , my ex filed as single for that year. So I am ruling out the probability that my ex is going to be all nice and provide me necessary evidence of my residence while I was actually gone. Am also aware of the fact that for the trips lasting more than a year , the period of the time a person isn't in the US is counted towards continued residence but am not sure if that applies to the 6+ months but less than a year trip .
 
Tamychik said:
Am also aware of the fact that for the trips lasting more than a year , the period of the time a person isn't in the US is counted towards continued residence but am not sure if that applies to the 6+ months but less than a year trip .
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If the trip is over a year, only 364 days of it* can get counted towards the 5 years/3 years of continuous residence, and it is common for the IO to ask for proof of residential ties during that year. So you still don't get away from having to show evidence of residence.


*unless there is an approved N-470
 
Tamychik said:
I did have residency ties that time but I don't think I'll be able to provide proof of my ties. It's kinda ugly , I got legally separated, wasn't working and not in good terms with my ex. I have my 2004 Tax return but not 2005 , my ex filed as single for that year. So I am ruling out the probability that my ex is going to be all nice and provide me necessary evidence of my residence while I was actually gone. Am also aware of the fact that for the trips lasting more than a year , the period of the time a person isn't in the US is counted towards continued residence but am not sure if that applies to the 6+ months but less than a year trip .
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If you can not get the evidence, and you want to play it safe, then you really must wait 5 years minus 90 days from the March 2006 return.

No, you do not get credit for the 6+ month time spent outside US. The people who do get credit after spending 1 year outside ... they do it under authorization from CIS. Did you get one?

BTW, you need not get evidence of residence from your ex. If your name was on bank accounts, utility bills, insurance papers - you should be able to contact each of those companies and ask for statements from that time period. The more places you can dig up your name, the better. [ However your personal situation indicates it may not be so clear cut. If you were legally separated, it will be hard to show your ex's proof of residence as your evidence. ]
 
sanjoseaug20 said:
No, you do not get credit for the 6+ month time spent outside US.
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Yes and no. If you provide sufficiently convincing evidence, you would get credited for the 6+ month absence if the trip is under a year, and you would not be found to have broken continuous residence.

The people who do get credit after spending 1 year outside ... they do it under authorization from CIS. Did you get one?
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I think he was referring to the 4 year + 1 day rule, where they effectively credit you with 364 days of residence so you only need to wait 4y+1d to have the 5 years of continuous residence. But you are referring to N-470.
 
sanjoseaug20 said:
If you can not get the evidence, and you want to play it safe, then you really must wait 5 years minus 90 days from the March 2006 return.
BTW, you need not get evidence of residence from your ex. If your name was on bank accounts, utility bills, insurance papers - you should be able to contact each of those companies and ask for statements from that time period. The more places you can dig up your name, the better. [ However your personal situation indicates it may not be so clear cut. If you were legally separated, it will be hard to show your ex's proof of residence as your evidence. ]
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Sad part is none of the bills, accounts , papers, house etc were in my name . Anyways, I am going to check with an attorney and if I have to wait another 6 months to file..I guess I have to :(
 
Tamychik said:
Sad part is none of the bills, accounts , papers, house etc were in my name . Anyways, I am going to check with an attorney and if I have to wait another 6 months to file..I guess I have to :(
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You clearly don't have sufficient evidence of residency ties. You'll need to wait 5 years (-90 days) from March 2006 before you can apply.
 
Tamychik said:
Anyways, I am going to check with an attorney and if I have to wait another 6 months to file..I guess I have to :(
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What Bob said. Plus unless there is a reason to naturalize early such as a national security job, or getting remarried and sponsoring, does 6 months even matter?
 
Tamychik said:
Sad part is none of the bills, accounts , papers, house etc were in my name . Anyways, I am going to check with an attorney and if I have to wait another 6 months to file..I guess I have to :(
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I hope the attorney is a friend who isn't going to charge you. Otherwise you might end up paying the attorney, plus paying the naturalization fee now and getting denied, then having to pay again to reapply at the end of this year anyway.
 
4 years plus 1 day after resuming permanent residence

If she resumed permanent residence in March 2006 and after that date did not make any trip outside the US for more than 6 months (or 1 year) would she not be able to apply under the 4 years plus 1 day from March 2006? Additionally that would mean she can apply 90 days or less before meeting that 4 year plus 1 day requirement. If this is not applicable for her, under what circumstances can one use the 4 yrs +1 day period for applying for naturalization.
thanks.


Bobsmyth said:
You clearly don't have sufficient evidence of residency ties. You'll need to wait 5 years (-90 days) from March 2006 before you can apply.
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brb2 said:
If she resumed permanent residence in March 2006 and after that date did not make any trip outside the US for more than 6 months (or 1 year) would she not be able to apply under the 4 years plus 1 day from March 2006? Additionally that would mean she can apply 90 days or less before meeting that 4 year plus 1 day requirement. If this is not applicable for her, under what circumstances can one use the 4 yrs +1 day period for applying for naturalization.
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Bob's statement above provides a hint. Maintain residence during periods of absence. Have proof. If you do not, it becomes subjective.
 
brb2 said:
Additionally that would mean she can apply 90 days or less before meeting that 4 year plus 1 day requirement. If this is not applicable for her, under what circumstances can one use the 4 yrs +1 day period for applying for naturalization.
thanks.
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The 90 day early grace period does not apply to 4 year +1 day rule. In addition, 4 year + 1 day rule is used for any disruption of continuous residency of more than 1 year.
 
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