Did I break continuous residency with 9 months trip overseas?

L

ladydoctor

New Member
Dear All,

I got 10 years GC in 2015 based on marriage, which unfortunately ended in 2016. Since the divorce, I have been living at my brothers house in US.
This year, I visited overseas for 9 months and returned back to my brothers house.

My question is that does this 9 month trip overseas break my continuous residency? Please read following facts before providing the answer as it may or may not change the answer. Thanks.

- I am a medical doctor who has been studying for last few years for United States Medical Licensing Examination (USMLE) required to work as a doctor in US.
- I don't have my own property (rental or otherwise) in US, as I have been living with my brother and his family after my husband deserted me
- I don't have a job neither in US not overseas, as I am busy with USMLE exams which requires full time attention.
- The reason of overseas visit was to visit parents, take care of their health and to prepare for USMLE
- This trip was originally planned for 6 months but got extended to 9 months due to some unforseen circumstances. I have evidence of ticket change and related medical records.
- I did not apply for Reentry permit before this trip as I was planning to return back within 6 months.
- I have been maintaining a bank balance of 8k+ in US since 2016. This money was in US when I was away for 9 months.
- I don't expect any further long trips in future as I would hopefully join 3 years medical residency program in US hospitals after passing USMLE
- My intent and aim is to gain admission into US residency program and become a licensed medical doctor and work as a doctor in US.

I never intended to abandon my ties with US. I want to live in US and work as a doctor in US and thats why I have dedicated last 4 years of my life in undertaking a series of 4 USMLE exams whose sole purpose is to be able to work as a doctor in US. I would hopefully be doing 3 years residency in US hospitals during the time of citizenship application.

Will I be able to apply for citizenship as per normal, or does this trip mean that my 5-years timer will restart again from this year?

Thank you very much for reading this.
 
This is the official section on that.

—
An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship. [11]

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence: [12]
•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

•The applicant’s immediate family remained in the United States.

•The applicant retained full access to his or her United States abode.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

On my reading of it (that being the reading of an arbitrary person on the Internet) you have broken continuous residency. You could always try proving you didn’t disrupt residency if you don’t mind potentially losing the application fee.
 
SusieQQQ said:
This is the official section on that.

On my reading of it (that being the reading of an arbitrary person on the Internet) you have broken continuous residency. You could always try proving you didn’t disrupt residency if you don’t mind potentially losing the application fee.
Click to expand...

Thank you for your response. I have gone through this section already but I have a doubt about it. Lets assume I have broken the continuous residence. Does this mean that 5 years timer will start again from the return of this trip?

I don't mind applying for citizenship, but what are the implications if the application is denied? is it only losing the application fee or will there be any restrictions, such as "you cannot reapply again for next 10 years" :eek: or anything like that?
 
Yes, it means 5 years starts again. So probably worth taking the chance of applying as you won’t be adding to time while waiting (average wait time currently is around a year). No restrictions on when you can reapply but you do lose the fee.
 
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