long trip abroad while applying for citizenship

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citizentobe

Registered Users (C)
I have been abroad for almost a year because of my husband's job assignment abroad while applying for citizenship. Of course I made sure to go back to states every once in a while so the staying outside of the country didn't last more than 6 months. We still have our house in states and my husband (naturalized) and kids (born in states) are all citizens.

However I am quite worried about if my case is denied since I am staying abroad more than I should have been in states. I am still waiting for my interview letter to come. Many people that I know already got their interview letter even though they applied later than I did.

Any advice or thoughts on my case?
 
This topic has been covered several times before. The basic points are:
i. short "visits" to the US are usually insufficient to maintain continuous residence, unless there is compelling supporting evidence that you have maintained close ties to the US and are only abroad temporarily.

ii. the correct approach to naturalization where a USC spouse is going to be posted abroad for more than 1yr by a US owned corporation, would be expedited citizenship under 8.CFR.319(2)

iii. if you have failed to file tax returns, have filed as a non-resident, or have been employed by a foreign company while abroad, you may be found ineligible for naturalization based upon perceived intent to abandon your US residence.
 
thanks for your reply,Boatbod.

Is it possible that USCIS deny my case even before I have interviw based on my travel history while applying for citizenship?
 
citizentobe said:
Is it possible that USCIS deny my case even before I have interviw based on my travel history while applying for citizenship?
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No, they will give you a chance to prove your case in the interview. If you or your spouse was working for a US corporation or the US government, they probably would not penalize you for those trips.

Otherwise, there is a strong chance of denial. If you are going to take a series of long trips, the worst time to do it is when your naturalization is in process.
 
Talk to an immigration lawyer to see if there are any problems and if things can be expedited as per the section boatbod cited. If you have a house in the US, your husband and children are US citizens and you're filing taxes as a US resident (or jointly with your husband as a US resident), I think your chances are good in terms of proving continuous residency/intent to reside. However, at this point since you're pushing a year, it may get more dicey. Can you move back to the US until the process is over, then leave? Call the customer service number and see if you've cleared the name check. (From abroad, you may need to call someone in the US and have them connect you to USCIS - 800 numbers don't work from outside the US.) If your name check is clear, it's probably a matter of 3-4 months of staying in the US.... Anyway, definitely check with a lawyer. Those of us on the board aren't qualified to give legal advice or even practical advice about tricky cases.
 
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