long absence during N400

J

jrao124

Registered Users (C)
Hi,

At the citizenship interview, they ask u about every absence longer than 6 mths, right? That is, after applying for the N400?

I do have an absence of 9-10 mths. Not for work but for some personal reasons. Do people like that pass the interview? If I have proof of the reasons (for eg, medical), is that good enough?
I'm still in India and will probably travel back next week, so the first hurdle is to get past immigration at the airport. I have to go back for my second FP (1st one was rejected for some reason).

Thanks
J Rao
 
you would have to show evidence of that you hadnt abandoned residency, mortgage, lease, rent, utilities and such while you were in india, the medical documents could work in your favor showing that you were unable to travel. but i do not know how far it would work in your advantage for maintaining continous residency. good luck.
atmost that could happen is the rejection of the application (the 675 down the drain) and the clock resets starting from your entry exceeding 6 months stay abroad.
 
jrao124 said:
Hi,

At the citizenship interview, they ask u about every absence longer than 6 mths, right?
------They can ask.
That is, after applying for the N400?
-------------------You list the trips for last 5 years on N400 when you send N400.
I do have an absence of 9-10 mths.
------------------Before sending N400 or after N400 filing?
Not for work but for some personal reasons. Do people like that pass the interview? If I have proof of the reasons (for eg, medical), is that good enough?
--------------------- Keep the documents with you and all depends on officer and reason of absence .
I'm still in India and will probably travel back next week, so the first hurdle is to get past immigration at the airport.
I have to go back for my second FP (1st one was rejected for some reason).

Thanks
J Rao
Click to expand...
Good Luck!!
 
ginnu said:
Good Luck!!
Click to expand...

That is, after applying for the N400?
-------------------You list the trips for last 5 years on N400 when you send N400.


Are you supposed to put all the trips you made ever since being issued a GC or is it just for just the 5 years time frame prior to ur n400 filing ?

inputs please
 
to my knowledge you are required to declare all the trips after getting a GC, but my immigration lawyer (a competant lawyer) had mentioned that, they actually just declare the trips in the 5 years prior to the filing of n400
 
The form asks for all trips since becoming a permanent resident. However, in practice USCIS only cares about the last 5 years, if you have been a permanent resident for more than 5 years.
 
jrao124 said:
I do have an absence of 9-10 mths. Not for work but for some personal reasons. Do people like that pass the interview?
Click to expand...
Some pass, some don't. In cases involving trips of between 6 months and 1 year, continuous residence is a subjective determination based on the evidence you present and the discretion of the IO. So we can't predict what will happen in your case. All you can do is present the evidence to support your case, explain yourself properly, and hope they make a favorable decision. And try to minimize the time overseas during the N-400 process, as extensive travel during the process creates the impression that you have already permanently relocated abroad.
 
Thank you all.

My absence was after the 1st FP and before the 2nd FP. For some reason, the 2nd FP took forever to come (6-7 mths). I had come down to India and was unable to leave.

If I don't show proof of residence I suppose it is quite iffy, right?

Anyway, not much I can do. Like I mentioned, they might not even let me in at the airport. They are very strict nowadays.
 
jrao124 said:
Thank you all.

My absence was after the 1st FP and before the 2nd FP. For some reason, the 2nd FP took forever to come (6-7 mths). I had come down to India and was unable to leave.

If I don't show proof of residence I suppose it is quite iffy, right?

Anyway, not much I can do. Like I mentioned, they might not even let me in at the airport. They are very strict nowadays.
Click to expand...

Medical issues are not proof of US residency ties. Did you pay US rent/mortgage and utilities while you were in India? Did your immediate family remain in US?
 
We dont have recent proof actually. there were some urgent things we had to take care of for a few mths so we put things in storage and left. Then bcos of health problems we couldnt get back for another 3-4 mths.
 
jrao124 said:
We dont have recent proof actually. there were some urgent things we had to take care of for a few mths so we put things in storage and left. Then bcos of health problems we couldnt get back for another 3-4 mths.
Click to expand...

Be prepared for the possibility of a denial for your lack of proof of US residency ties during the 9-10 months time out of the US.
 
a quick question,

Should i disclose my trips outside usa in _____________ time frame

1) the last 4years +1 day (i am applying based on the 4year +1 day rule)
2) last 5 years
3) ever since i got my gc (in got it in 2003)
 
sreeleshk said:
a quick question,

Should i disclose my trips outside usa in _____________ time frame

1) the last 4years +1 day (i am applying based on the 4year +1 day rule)
2) last 5 years
3) ever since i got my gc (in got it in 2003)
Click to expand...

Go by instructions on n-400: trips since becoming LPR.
 
Bobsmyth said:
Go by instructions on n-400: trips since becoming LPR.
Click to expand...

i see serveral posts here saying that the last 5 years time frame is enough, if so i would be comfortable with that as prior to that i was away to close to 2 years with a Re-entry Permit
 
sreeleshk said:
i see serveral posts here saying that the last 5 years time frame is enough, if so i would be comfortable with that as prior to that i was away to close to 2 years with a Re-entry Permit
Click to expand...

The last 5 years time frame is used by USCIS to determine continuous residency. However, the application asks to list all trips since becoming a LPR, leaving the chance for an IO to ask if the trips you disclosed are all the trips since becoming a LPR. Either only disclose them in last 5 years and hope IO doesn't ask about if they are all trips since becoming LPR, or cover your bases and disclose all of them since becoming LPR.
 
great. I suppose not much point in trying for it then:). Actually my absence will be 8.5 mths but that is just splitting hairs.
 
jrao124 said:
We dont have recent proof actually. there were some urgent things we had to take care of for a few mths so we put things in storage and left. Then bcos of health problems we couldnt get back for another 3-4 mths.
Click to expand...

I did something similiar in 2004. Kept stuff in the storage and went to India for few months. Put a mail hold at post office.

I got my GC in 2003. Applied for N400 in 2009. Didn't need to list the address during 2004 period when I didn't mentain a residence.
 
Right. But I suppose u had 5 yrs after u came back and before applying for citizenship, right? In my case this is in the middle of the process, i.e. after applying for N 400 and before 2nd FP.
 
During the N-400 process is the worst time to have long trips. If the trip was more than 5 years ago, it would be irrelevant. If the trip was 1 or 2 years ago, it would be easier to convince the interviewer that you have not abandoned your US residence, given that you actually have been living in the US for the past 1-2 years. But with you having a trip over 6 months while the process is pending, your ties to the US are much more in doubt.
 
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