Continuous residence and 6-11 month trips outside U.S.

[gniemcew]

Hi,

I have recently filed for naturalization based on 5-years of permanent residence (Green Card through an employer). During that time, I have taken two trips to Europe - one lasting 8 months, and another lasting 11 months. During that time, I maintained a U.S.-based apartment, bank accounts, etc. and also worked for a small U.S. based company that I own. I was recently surprised to hear an opinion that any trips outside U.S. over 6 months were >>almost certain<< to disqualify me from naturalization, because USCIS >>never<< accepts any proof that one has not abandoned U.S. residence. On the other hand, when I inquired about this issue with a reputable attorney about 2 years ago, he informed me that "when properly documented, USCIS does not make a big deal out of this". I am, of course, quite worried now that my application is in jeopardy.

Questions:

1.) Does anyone have any real, first-hand experience with this issue and how it is handled by USCIS? Any recommendations as to how to properly document this for an interview?

2.) Does USCIS care about the reason for an extended stay, or the reason for leaving U.S. at all (business/pleasure)? How does one document this?

Thanks,

Gary

 

[Catseyes]

I have consulted a lawyer as I will spend about 10 months in Europe.
( I will be considered as an expatriate regarding my status with my US company : paid in USD, bank accounts, 401(k), storage for cars and furniture, health insurance ...)
My problem was that technically for trips < 1 year, you do not loose the GC, but might loose the continuous residency for naturalization.
Also, reentry permits are supposed to be for stays <2 years, but > 1year.

What my lawyer said is that it is always better to apply for I131 ( even if < 1year ) as it proves you did everything to protect you GC status : the trip was temporary.

However, for the naturalization, you only know what the officer thinks at the interview.
If he thinks YOU did not do the right things to protect the continuous residency, you are denied. You " just " loose some dollars, and can reapply later though.

The burden is on you to prove you made everything for the continuous residency : taxes as a resident, bills, US income, active credit cards and bank accounts, ...

I would say : " You're considered guilty until proven innocent " ( and you have to plead for yourself ! )