Help! Have I reset my clock for naturalization?

G

GC_TRAP

Registered Users (C)
Hello all,

I'm wondering if I have reset my clock to zero for the whole naturalization (5 years) process. Here are my dates:

June 2007 - Got GC
Oct 2007 to Mar 2008 - Traveled overseas (just a day less than six months)
October 2009 - September 2010 - Traveled overseas (extenuating unavoidable family circumstances, 11 months total)

What does this mean for my naturalization. Normally, I would have been eligible in March-June 2012. I guess I still don't understand the intricacies of continuous residency vs. physical presence etc. so any feedback will be appreciated. During both these overseas visits, I have maintained (shown intent ) of residency by filing all taxes, maintaining bank accounts, and addresses in US.

Have I set the clock back to Zero, ie. wait until 2017 (or 2013, or 2014...) before being eligible. Or, if I continue to reside long-term in the US, do I still have hope for 2012 timeline. Please advise.

Thanks as always for this great forum.
 
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Were you the only child? Is the parent a widow/widower? If both are true, you probably have a good chance. I assume you maintained a us residence the entire time?
 
No, not the only child, but the parent is a widow. Yes, maintained US residency during time away from US.
 
Is that 11 month trip going to be the end of your long trips overseas, or do you expect to leave again for another long trip in the near future?
 
Thanks TheRealcanadian and Jackolantern!

Because of the family situation with the parent's illness, I may have to go overseas again a couple of times, but I certainly hope to not exceed more than six months again at a stretch, maybe just a few days before six months are over. So let's say I have to do that once or twice again until 2012, what are the consequences?
 
It depends on the interviewing officer. But I would expect that your 11 month absence reset the clock, and one or two more long absences aren't going to help.
 
So, absences of less than six months are also considered "long" absences? I thought if one was simply doing six months in/six months out in the five years after GC, you were technically eligible to apply for naturalization (I thought I read somewhere that you had to spend 30 months in five years). Is that not true?

Regardless, how much further back have I pushed myself because of this one long absence?
 
Many of the IOs look into the spirit of the law rather than the letter.
If you are spending 6 months out 6 months in, this is much better than spending 5 months out then coming back for 2 weeks and leaving again for 5 months. (When I say 6 months, I presume just less than 6 months, as over 6 months will put you under different rules).
Usually, you can file 4 years and 1 day after your almost year long trip.
However, if you can convince the IO that you maintained residence (not maintained address) during your absence, you might get some benefit. Maintaining residence is similar to locking your home and coming back to the same home ... with utilities, insurance etc., all in your name. Maintaining address is using a friend's address for communication.
 
Thanks sanjose! You guys are indeed very informative.

I guess I'm still not clear exactly if I'm eligible in 2012, or 2013, or 2014...I think I should try posting this question in the citizenship forum also, maybe I can get a more definitive response.
 
The only person who can give you a definitive response is the officer approving or denying your n-400. The 11 month absence is presumed to break continuous residence, but this presumption can be overcome. It is up to the officer to determine if this is the case.
 
GC_TRAP said:
Thanks sanjose! You guys are indeed very informative.

I guess I'm still not clear exactly if I'm eligible in 2012, or 2013, or 2014...I think I should try posting this question in the citizenship forum also, maybe I can get a more definitive response.
Click to expand...

Your case is neither clearly approvable nor clearly deniable on grounds of continuous residence, so it will fall into the discretion and subjectivity of the interviewer and his/her supervisor. We cannot predict how they will make their subjective decision, so no one here, and no lawyer either, can give you a definitive response. You just have to apply and see what happens.
 
To add to what was said in the last 2 comments, if your case is ineligible (or denied) because of continuous residence problems, then you can apply in Sep/Oct 2014, which is 4 years and 1 day after your last 6+ month trip ended.
 
Hello all,

I'm wondering if I have reset my clock to zero for the whole naturalization (5 years) process. Here are my dates:

June 2007 - Got GC
Oct 2007 to Mar 2008 - Traveled overseas (just a day less than six months)
October 2009 - September 2010 - Traveled overseas (extenuating unavoidable family circumstances (tending an ill parent) 11 months total

What does this mean for my naturalization. Normally, I would have been eligible in March-June 2012. I guess I still don't understand the intricacies of continuous residency vs. physical presence etc. so any feedback will be appreciated. During both these overseas visits, I have maintained (shown intent ) of residency by filing all taxes, maintaining bank accounts, and addresses in US.

Have I set the clock back to Zero, ie. wait until 2017 (or 2013, or 2014...) before being eligible. Or, if I continue to reside long-term in the US, do I still have hope for 2012 timeline. Please advise.

Thanks as always for this great forum.

P.S. I posted this in the "Life after Green Card" section and got some good and valuable responses. Hoping to get some more responses here.
 
I think if you can document the long stay for your ill parent you might have a shot to naturalization in 2012 (90 days, but 85 days recommended, before your 5 year anniversary). However, you have to be willing to lose the naturalization money if you are denied nonetheless. For sure you should be eligible 4 years and 1 day after your return in September 2010 unless you take some other long trips in between. If money is not an issue I would apply, but I would start collecting proof of your parent illness, hospital records and such and also of having kept links to the US during that time, all that sould help your case, as you mention, bank accounts, taxes, but also any leases, cars that you kept, any other ties to the US.
 
GC_TRAP said:
During both these overseas visits, I have maintained (shown intent ) of residency by filing all taxes, maintaining bank accounts, and addresses in US.
Click to expand...
Maintaining US physical address means showing proof that you payed mortgage/rent and utilities in your name for the place while you were outside the US. If this is the case, then you have a very good chance in proving that you did not intend to break continuous residency during the long absences
 
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