Issue with a trip that lasted more than 6 months but have reason for it, advise pls

Depends on your IO

Hey, my wife was actually rejected at her first naturalization attempt because even though all of her trips were less than 6 months, at the interview the IO felt she did not prove that she had maintained ties to the US (even though she maintained an apartment here and filed taxes). At that time, she was travelling frequently
to India and back to complete her studies in Indian dance/music.

Not to be discouraging, but it really depends on your IO. You could do what my wife did and apply for your USC and give it a shot. After she was rejected in 1997, she waited another 5 years to apply and finally got her USC in 2004 (NYC timeline used to be over a year back then!).

Or you could wait to apply until your long trip falls outside the "past 5 years" time period. You will still have to disclose the trip on the application (part 7-C) but since it didn't happen in the last 5 years, it may not be as important to the IO.

Good luck!
 
thanks for your reply.

In your wife's first attempt, did your wife live 30 months out of 60 (5 years) in USA?

Moreover, what were the lengths of her stay in USA between each trip that you mentioned? was she just visiting every time for few days then back to India?

how long in that time she stayed in India?

and why she waited 5 extra years to apply again? why she didn't appeal?

Please advise.
 
Yes, she had the physical presence (30 months). I think the issue was that specifically between 1995 and 1996 she made three trips to India for three-four months months each and returned to NYC for a month or two in between. So in that 18 month period, she had spent in total about 11 months in India and 7 months in the US (chopped up into several segments).

She had the paperwork to show why she was studying in India, what commitments in India and in the US required all the back and forth trips, her rental payments on her apartment, her tax returns, etc. but the IO felt it was not enough.

I'm not sure why she didn't appeal (I doubt she even remembers) - I guess at the end of the day, she finished up her studies in India at the end of 1998 and then moved back to the US and didn't need to travel at all outside the US until 2004 when we got engaged in India.

The difference I see between my wife's case and yours is that in her case, her trips were all voluntary (i.e. no one made her study in India, it was her choice). But if as in your case, you faced hardships such as unemployment and depression, I wonder if it would be looked upon differently. Do you have written diagnoses from your doctors that speak to your depression and need for family care/a support network?
 
What is the complete picture of your travel history? Did the 11 month trip come right before or right after one or both of those 5 month trips? Did you work abroad? When did the last long trip end?

All those factors will affect your chances and options.
 
antonioa77 said:
iIn the 5 years, I have lived the first 25 months in usa. then went unemployed and the trouble started: took the 11 month trip, then came back and sit 6 months, then was out for 5.5 months , then in US for 3 months, then the last trip last 5.5 months and I just got back 2 weeks ago.

Also I never worked abroad.

what do you think? and how it matters?
Click to expand...

Your two 5.5 month trips may or may not be a problem (you have not provided us with enough info about those trips), but the 11 month trip is most likely going to be a problem in terms of the continuous residency requirement.
Since that trip ended less than 2 years ago, IMO if you file N-400 now, you'll most likely be denied.

With a trip over 6 months the legal presumption is that the trip broke continuous residency and the burden is on you to prove otherwise. That burden increases as the trip gets longer, and for an 11 month trip you'd need to have really strong evidence of close ties to the U.S. during that trip to overcome the presumption that the trip broke continuous residency.

You did continue to rent an apartment in the U.S. during that trip - that's certainly a factor in your favor.
However, during that trip you did not keep a U.S. job or maintain a U.S. source of income. Also, you had no immediate relatives who stayed in the U.S. during the trip.
The nature of the trip (economic difficulties and medical problems) was, by its essence, open-ended, not of the kind that USCIS usually wants to see in such cases. That is, it was not a trip that was clearly temporary in nature, with a clear termination date known in advance - unlike trips such as a vacation, a temporary job assignment abroad, a training course, a sabbatical, etc.

Taken together these negative factors substantially outweigh the only positive factor (maintaining a rental apartment in the U.S.).
 
baikal3 said:
Your two 5.5 month trips may or may not be a problem (you have not provided us with enough info about those trips), but the 11 month trip is most likely going to be a problem in terms of the continuous residency requirement.
Since that trip ended less than 2 years ago, IMO if you file N-400 now, you'll most likely be denied.

With a trip over 6 months the legal presumption is that the trip broke continuous residency and the burden is on you to prove otherwise. That burden increases as the trip gets longer, and for an 11 month trip you'd need to have really strong evidence of close ties to the U.S. during that trip to overcome the presumption that the trip broke continuous residency.

You did continue to rent an apartment in the U.S. during that trip - that's certainly a factor in your favor.
However, during that trip you did not keep a U.S. job or maintain a U.S. source of income. Also, you had no immediate relatives who stayed in the U.S. during the trip.
The nature of the trip (economic difficulties and medical problems) was, by its essence, open-ended, not of the kind that USCIS usually wants to see in such cases. That is, it was not a trip that was clearly temporary in nature, with a clear termination date known in advance - unlike trips such as a vacation, a temporary job assignment abroad, a training course, a sabbatical, etc.

Taken together these negative factors substantially outweigh the only positive factor (maintaining a rental apartment in the U.S.).
Click to expand...

But during the 11 months, I was always applying for jobs in USA, and I have proves for that. and I was having phone interviews with companies in USA. Moreover all these times, I have a car in USA.
I was outside because I can't come earlier and live by myself because I needed assistance due to depression.

the reasons of the 5.5 months were similar. need personal assistance and economical struggle.

what you think now? and you are specifically mentioning that since the trip of 11 months occured less than 2 years ago, then I will be denied? explain please.
 
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antonioa77 said:
But during the 11 months, I was always applying for jobs in USA, and I have proves for that. and I was having phone interviews with companies in USA. Moreover all these times, I have a car in USA.
I was outside because I can't come earlier and live by myself because I needed assistance due to depression.

the reasons of the 5.5 months were similar. need personal assistance and economical struggle.

what you think now?
Click to expand...

I still think very much the same. The fact that you were applying for jobs in the U.S. counts for almost nothing - the point is that you did not have a job in the U.S. and did not stay in the U.S.
Having a car in the U.S. also counts for very little.

The reasons for your absences (economic difficulties and medical problems) actually count very much against you in terms of continuous residency. The reasons for your absences are understandable and sympathetic in human terms but from the point of view of the law these reasons are significant minuses for continuous residency purposes.
 
baikal3 said:
I still think very much the same. The fact that you were applying for jobs in the U.S. counts for almost nothing - the point is that you did not have a job in the U.S. and did not stay in the U.S.
Having a car in the U.S. also counts for very little.

The reasons for your absences (economic difficulties and medical problems) actually count very much against you in terms of continuous residency. The reasons for your absences are understandable and sympathetic in human terms but from the point of view of the law these reasons are significant minuses for continuous residency purposes.
Click to expand...

and about the 11 months that fell in last 2 years? why specifically you are mentioning 2 yrs? why not 3?
 
antonioa77 said:
and about the 11 months that fell in last 2 years? why specifically you are mentioning 2 yrs? why not 3?
Click to expand...

I was simply pointing out that the 11 months trip was fairly recent, well within the 5 year window for which you'd have to establish continuous residency. You could go for the 4 years plus 1 day rule (which could make you eligible to file N-400 4 years and one day after then end of that 11 months trip, assuming that your two 5.5 month trips were OK in terms of not breaking continuous residency), bit it is way too early for that too.
 
Although your chances of approval are not good, you're not doomed. If you can afford to lose the money, go ahead and apply and see what happens; if you properly organize and show your evidence and you get a lenient interviewer you might be approved.

If denied, you can reapply 4 years and 1 day after the end of the 11-month trip (which would be in 2014?), so that trip will no longer be a reason for denial (note that the 90-day headstart is not applicable to the 4 year and 1 day rule).
 
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