Continuous presence question

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baikal3

Registered Users (C)
Hi,


My I-485 was approved on March 1, 2002 so it should be possible for me to file N-400 in January 2007. Up to this point I only had a few fairly short trips out of the U.S. However, in 2006 I will be absent from the U.S. for 7 months from early January untill the end of July.

This will be a temporary trip. I have a permanent job at a large university and have been granted a temporary leave of absence by my university to work on a research project in Germany. After that I am coming back to the U.S. to my current job. My appointment at a German university
(which in fact is a research fellowship award financed by a private foundation) explicitly says that it is temporary, for the period of Jan-July 2006 only.

I hope it will be possible to convince USCIS that this trip, even though it will be longer than 6 months, will not constitute a break for satifying the continuous residency requirement.

However, I am not sure what kind of proof/arguments/documents I should prepare to make this case and whether USCIS is excercising reasonable judgement (rather than some sort of blanket "get tough" policy) in such cases. The instructions in the naturalization guide regarding the necessary proof are rather vague.


I do have a house and a mortgage here in the U.S., as well as credit cards, and bank accounts, all of which I will certainly maintain. But I don't know if that's enough.


Also, I could come back to the U.S. for a week or so say in April 2006. This would divide the trip to Germany into two parts, each shorter than 6 months.

Would this solve the problem?

Thanks for the advice!
 
OK, thanks, JoeF!

I guess I'll have to cash in my frequent flyer miles and come back for a week in April...
 
Instead of spending sleepless nights, facing uncertainity, leaving fate to the officer, and waiting for another five more years, why can't you find a week time to come back to USA? It's worth every penny. Man, don't be stupid and do not take it for granted. Don't turn simple one into complex one.
 
John Sreedhar said:
Instead of spending sleepless nights, facing uncertainity, leaving fate to the officer, and waiting for another five more years, why can't you find a week time to come back to USA? It's worth every penny. Man, don't be stupid and do not take it for granted. Don't turn simple one into complex one.
Click to expand...

Well, if you had read my e-mail directly above yours before calling me stupid, you would have seen that coming back for a week is exactly what I had decided to do.

I originally asked the question since I did not know if coming back for just a week would be sufficient in this case. For all practical purposes, even with a few days break, it would still be a seven months trip and I didn't know if USCIS would count this as two trips or not. This question was a part of my original post and that's why I posted in the first place.
So I'd appreciate it, if you read the thread before replying to it and abstain from insults and name-calling.
 
baikal3 said:
Well, if you had read my e-mail directly above yours before calling me stupid, you would have seen that coming back for a week is exactly what I had decided to do.

I originally asked the question since I did not know if coming back for just a week would be sufficient in this case. For all practical purposes, even with a few days break, it would still be a seven months trip and I didn't know if USCIS would count this as two trips or not. This question was a part of my original post and that's why I posted in the first place.
So I'd appreciate it, if you read the thread before replying to it and abstain from insults and name-calling.
Click to expand...

i would suggest you to come back for 2 weeks minimum if you could.
 
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