Continuous Residence requirement for N400

[cbears]

Hello ALL,

Thanks in advance for any helpful information anyone can share.

I applied for my N400 this month. It was sent by fedex and received on July 12 at Arizona facility

I have 2 trips of over 6 months but less than a year in last 2 years. Now I do have overall more than 2.5 years out of 5 years but from what i have read is that if trip is over 6 months but less than year, it is considered towards continuous residence but you have to satisfy IO that you did not abandon your ties to US.. Here is the immigration rule that I read in this regard,

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§ Sec. 316.5 Residence in the United States.

(c) Disruption of continuity of residence


(1) Absence from the United States .


(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not dis rupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)


(A) The applicant did not terminate his or her employment in the United States;


(B) The applicant's immediate family remained in the United States;


(C) The applicant retained full access to his or her United States abode; or


(D) The applicant did not obtain employment while abroad.
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Now based on that I feel I am okay and I did have geniune reasons that i was out and my family was still in US and I do have enough evidence to prove that i did not abandon my ties. however, My question is if anyone else had similar situation or can share any information in this regard.

I have not received notice of application reviewed yet. I am wondering if I get that letter, does that mean my application has been accepted of what?

Please do share if you have any relevant experience or information

Thanks again,

Cbears

 

[Bobsmyth]

I am wondering if I get that letter, does that mean my application has been accepted of what?

NOA means that your application was received. The determination of whether you broke continuous residency or not is made at interview stage.

 

[JAEMM]

Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part

Is there also a requirement to be in the U.S. at least X days per year?

Upon reading this only, it appears to me you could buy a house/condo in the U.S., visit that house/condo every 3 months for only a week or two, and not disrupt your residence in the U.S.

I ask because I envision when I repatriate to the U.S. with my foreign family, it may be a slow process in moving (it may be a few years before we spend more time in the U.S. than here); and maybe even we will forever maintain houses in both countries, flying back and forth at will.