continuous residence broken due to education?

[Jackolantern]

Having read that section of the law, on what basis could they possibly argue that two trips abroad of 5 months each disrupted my continuous residence???

The part you quoted said absences of between six months and one year shall disrupt continuous residence unless you establish otherwise, but it didn't say you are guaranteed to NOT disrupt continuous residence if your trips are all under 6 months each. The courts have held that breaking continuous residence and even losing your green card for abandonment may occur with any length of travel, depending on all the facts.

http://www.uscis.gov/portal/site/us...nnel=3f443a4107083210VgnVCM100000082ca60aRCRD

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently

Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

 

[riq2012]

So sad to see the courts can do and say whatever they want... make up their own laws as they go.

Anyway, that's life

Jackolatern I have another question. Given that I am studying abroad and will still be studying abroad during the N400 process. Would it be more beneficial for me to file my 2012 taxes as dependent of my parents? Or does that make no difference...?

Thanks!

 

[riq2012]

Just wanted to say that I am already a U.S. citizen.

The process was very straight forward and to the point. At the time of my interview I had brought with me a HUGE folder with every possible piece of evidence I could find regarding my life and ties to the U.S. I was immediately told to put that away (the officer even seemed offended by it). Nothing was unusual in the interview, the officer simply asked what I was studying, where and why there, when I planned to finish, checked that I applied after becoming eligible, that I had the required physical presence, that I never left for more than 6 months and that was it. Very professional and very fair. The officer barely even looked at my employment history in the U.S. (I've worked every single year, including long distance jobs during my absences) because being a student I was told it didn't matter.

I hope students in my same situation receive the same fair treatment I did. After all most people our age who grew up in the U.S. and are now applying for citizenship already feel American so it would be ridiculous to question our ties to the country simply because we are internationally minded and decided to study abroad. Best of luck to everyone still in the process.

 

[hi12345]

Just wanted to say that I am already a U.S. citizen.

The process was very straight forward and to the point. At the time of my interview I had brought with me a HUGE folder with every possible piece of evidence I could find regarding my life and ties to the U.S. I was immediately told to put that away (the officer even seemed offended by it). Nothing was unusual in the interview, the officer simply asked what I was studying, where and why there, when I planned to finish, checked that I applied after becoming eligible, that I had the required physical presence, that I never left for more than 6 months and that was it. Very professional and very fair. The officer barely even looked at my employment history in the U.S. (I've worked every single year, including long distance jobs during my absences) because being a student I was told it didn't matter.

I hope students in my same situation receive the same fair treatment I did. After all most people our age who grew up in the U.S. and are now applying for citizenship already feel American so it would be ridiculous to question our ties to the country simply because we are internationally minded and decided to study abroad. Best of luck to everyone still in the process.

I have similar situation like you:

I was out of US for about 5 months and 29 days for the first trip, then I came back to US for about 10 days to make sure I am not going to break my continuance residency. Then I went back outside of Us for about 98 days.

Does it still going to affect my citizenship?

Thanks in advance.

 

[riq2012]

I have similar situation like you:

I was out of US for about 5 months and 29 days for the first trip, then I came back to US for about 10 days to make sure I am not going to break my continuance residency. Then I went back outside of Us for about 98 days.

Does it still going to affect my citizenship?

Thanks in advance.

if this is something that already happened in the past, I would say it shouldn't affect you at all.

if this is something that is ongoing, then I would say just be confident in your explanation of why is it that you need to study there and your end date. Only a terrible officer would give you trouble with this and even then I am sure you would have all the evidence to prove your case.

 

[hi12345]

if this is something that already happened in the past, I would say it shouldn't affect you at all.

if this is something that is ongoing, then I would say just be confident in your explanation of why is it that you need to study there and your end date. Only a terrible officer would give you trouble with this and even then I am sure you would have all the evidence to prove your case.

I am sorry that I am bring little sarcastic about this, but I would like to gather some info before I would face them.

1. Why did you say if it is in the past, then it wont be bother me?

2. What evidence should I get as per your experience?

3. I came back after 5 months and 29 days as per timeanddate calender and stay for about 10 days, will it help me?

 

[riq2012]

I am sorry that I am bring little sarcastic about this, but I would like to gather some info before I would face them.

1. Why did you say if it is in the past, then it wont be bother me?

2. What evidence should I get as per your experience?

3. I came back after 5 months and 29 days as per timeanddate calender and stay for about 10 days, will it help me?

1. Because if it's in the past it's already obvious that your stays abroad were temporary.

2. I brought everything and was asked for nothing. However, I would still bring a lot JUST IN CASE you get a bad officer.

3. I'm not sure but I would make sure that it's both less than 6 month and also less than 180 days and preferably as far as possible from that 180 count. So like, 175-179 would just be too risky for me.

 

[hi12345]

3. I'm not sure but I would make sure that it's both less than 6 month and also less than 180 days and preferably as far as possible from that 180 count. So like, 175-179 would just be too risky for me.

That's the problem I have it.

I stay for 5 months 29 days, if it is they count in months, But if they count it in days then 181 day?

Additionally, I went back outside of us for 98 days?

So both are less than 6 months, but not less than 180 days?

Thanks again.

 

[riq2012]

Well in that case, don't count the first and last day then, officially you don't have to anyway.

Then it's 179. If the officer is really strict however he might determine it's more than 180 and ask you for a lot of evidence to prove you didn't disrupt your continuous residence. Either way you should have no problem if you show proof that it was because of your studies and with it being in the past and over with it should be quite obvious that it was temporary.

 

[hi12345]

Well in that case, don't count the first and last day then, officially you don't have to anyway.

Then it's 179. If the officer is really strict however he might determine it's more than 180 and ask you for a lot of evidence to prove you didn't disrupt your continuous residence. Either way you should have no problem if you show proof that it was because of your studies and with it being in the past and over with it should be quite obvious that it was temporary.

It was temporary, and I am going to take all mark sheet, which I have, to the interview. I hope it wont be that big problem.

 

[gmistry]

junexorb POLITICAL

It was temporary, and I am going to take all mark sheet, which I have, to the interview. I hope it wont be that big problem.

Please check my thread. I have details in my thread. I was out of country for education and one year of work. Your many questions will be answered, I hope. search with my id "gmistry" there is only post so it is easy to find.

Good luck!

 

[hi12345]

How was your interview? where was it?

Also I would like to tell you that I was just out for 5 months and 29 days? Will it hurt?