Denied Citizenship based on breaking continuous residency??

D

denied

New Member
Hi,
I;m really hoping someone can help me with this one. I got denied U.S. citizenship due to one trip that lasted over 6 months. But I thought I was going to be okay because I have proof that I maintained residence over here such as my immediate family still resides at the address, we still pay mortgage and all my bills and mail still come to the address. The only thing is, I have temporary employment outside of the States currently and I terminated my employment before leaving because they were not able to give me such a long leave of absence (I left mainly to see after my ill grandmother and wasn't sure how soon I was going to return) I've been in and out of the country and my previous job said they will rehire me whenever I returned. But I'm not sure if all this is enough to file an appeal? Will I be wasting my time and money by doing this? I just feel like my application was wrongfully denied because before applying I specifically read that if you were out of the US for over 6 months and you can prove you maintained continuous residence here, you should be fine. Please help me.
Just need to get some advice from people who might have gone through or going through the same thing. Thank you.
 
By taking up employment outside US, USCIS thinks you gave up your US residence.

How long were you out if US? What kind of employment was it? Did you declare foreign employment on your N-400? Did you declare income from this employment on your tax returns?

If you can document your residence in the US (for example spouse/children remained in the US, you contuinued to own/rent home, etc.) you have a good chance of getting USCIS to reconsider.
 
Last edited by a moderator:
denied said:
Hi,
I;m really hoping someone can help me with this one. I got denied U.S. citizenship due to one trip that lasted over 6 months. But I thought I was going to be okay because I have proof that I maintained residence over here such as my immediate family still resides at the address, we still pay mortgage and all my bills and mail still come to the address. The only thing is, I have temporary employment outside of the States currently and I terminated my employment before leaving because they were not able to give me such a long leave of absence (I left mainly to see after my ill grandmother and wasn't sure how soon I was going to return) I've been in and out of the country and my previous job said they will rehire me whenever I returned. But I'm not sure if all this is enough to file an appeal? Will I be wasting my time and money by doing this? I just feel like my application was wrongfully denied because before applying I specifically read that if you were out of the US for over 6 months and you can prove you maintained continuous residence here, you should be fine. Please help me.
Just need to get some advice from people who might have gone through or going through the same thing. Thank you.
Click to expand...

I sent you a private message. Please check your account when you log in.
 
This was infact my only trip that lasted over 6 months. But my other trips were long as well although under 6 months. And yes I did work during these trips, it's a temporary position to help me get by while I'm out of the country and based on your performance they extend your contract every 3 months. I declared the Job on the N-400.
I have no children but my immediate family (mom, dad and brother) continued to live at the residence and still do. I submitted proof of mortgage payments to prove that but I don't even think the officer cared. My mother pays the mortgage on the house. I hope I answered everyone in this post. I really need some help and advice.
 
denied said:
This was infact my only trip that lasted over 6 months. But my other trips were long as well although under 6 months. And yes I did work during these trips, it's a temporary position to help me get by while I'm out of the country and based on your performance they extend your contract every 3 months.
Click to expand...

That damages your chances of winning the appeal. One trip over 6 months makes your case presumed to be denied, then the burden is on you to provide sufficient countervailing facts to overcome that presumption. But if the extra facts include more negatives against you like other long trips working abroad, your chances go from bad to terrible. If you want to be approved with a 6+ month trip, the rest of your case needs to be pretty clean.
 
Last edited by a moderator:
Naturalization eligibility after breaking continuous residency.

After I break my continuous residency and my case is denied. How long should I wait to apply again for US citizenship? Should it be 30 months or 4 more years? I got this answer in your website: If you get back to the US within two years, a part of the time you spent in the foreign country will count. The last 364 days of your time spent abroad (one year minus one day) adds towards meeting the continuous residence requirement. OK I understand it, BUT my question is from here, so starting from year 1. Is continuous residency needed for 4 more years of 30 months? After living this time in US for 30 months will I be eligible to apply again for naturalization (N400) or I have to live 4 more years in case to re-apply for N400. Please advise. Thank you
 
llokuminy said:
After I break my continuous residency and my case is denied. How long should I wait to apply again for US citizenship? Should it be 30 months or 4 more years? I got this answer in your website: If you get back to the US within two years, a part of the time you spent in the foreign country will count. The last 364 days of your time spent abroad (one year minus one day) adds towards meeting the continuous residence requirement. OK I understand it, BUT my question is from here, so starting from year 1. Is continuous residency needed for 4 more years of 30 months? After living this time in US for 30 months will I be eligible to apply again for naturalization (N400) or I have to live 4 more years in case to re-apply for N400. Please advise. Thank you
Click to expand...

See 8 CFR 316.5 residence for natz

(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 disrupt 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:
(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.

(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § 316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence. <<<< This REMEDY applies to BOTH types of breaks as long as you still meet the overall MINIMUM time as an LPR.

(2) Claim of nonresident alien status for income tax purposes after lawful admission as a permanent resident. An applicant who is a lawfully admitted permanent resident of the United States, but who voluntarily claims nonresident alien status to qualify for special exemptions from income tax liability, or fails to file either federal or state income tax returns because he or she considers himself or herself to be a nonresident alien, raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the United States.

(3) Removal and return. Any departure from the United States while under an order of removal (including previously issued orders of exclusion or deportation) terminates the applicant's status as a lawful permanent resident and, therefore, disrupts the continuity of residence for purposes of this part.

(4) Readmission after a deferred inspection or exclusion proceeding. An applicant who has been readmitted as a lawful permanent resident after a deferred inspection or by the immigration judge during exclusion proceedings shall satisfy the residence and physical presence requirements under § 316.2 (a)(3), (a)(4), (a)(5), and (a)(6) in the same manner as any other applicant for naturalization.
 
llokuminy said:
After I break my continuous residency and my case is denied. How long should I wait to apply again for US citizenship? Should it be 30 months or 4 more years? I got this answer in your website: If you get back to the US within two years, a part of the time you spent in the foreign country will count. The last 364 days of your time spent abroad (one year minus one day) adds towards meeting the continuous residence requirement. OK I understand it, BUT my question is from here, so starting from year 1. Is continuous residency needed for 4 more years of 30 months? After living this time in US for 30 months will I be eligible to apply again for naturalization (N400) or I have to live 4 more years in case to re-apply for N400. Please advise. Thank you
Click to expand...

You can reapply 4 years and 1 day after the end of your last long trip (that could be today, or it could be over 3 years from now depending on when your trip ended). You also need a total of 30 months (913 days, to be exact) of physical presence in the past 5 years before your filing date.
 
You must log in or register to reply here.
Top