LPR applying for citizenship, who was outside the US for about 9 months

scth61

Registered Users (C)
All,

Anybody who has applied for citizenship, and had to be outside the US for more than 6 months and less than a year?

I am a Legally Permanent Resident of US and obtained Green Card on Sep 2002, through employment.
I left US on June 2005, after completing 32 months in the US, to India for family emergencies.
I returned after spending 10 months out of the US.
I read from the forums that with sufficient proof, I could apply for citizenship if absence out of the country is less than a year. My mother was ill and I have doctors certificate, would this be sufficient proof.

Can I apply for US citizenship in 2007.

I am paying US taxes and retain bank accounts in the US.


Also if you have some suggestions or experriences regarding any similar case please help me out.

Thank you for your time
_sc
 
buddy,read the faq sticky...
i just updated it...go through the link it has all the answers...
icluding answer to this one...
a must read for all the people!
 
actually i read ur question and joe's reply in rons portal and i was looking for a answer for u when i stumbled on this reference guide for io's/// :D
 
Thanks query11 for pointing to the great compilation,and for working towards it.

In fact I could not find any specific answers to my case, other than taking a chance and convincing the officer at the time of interview. I was wondering of the chances, for me in this case. Also, could you point to any similar "experience" links.
 
plz check the uscis links at the bottom of the faq page...anyways forget tht...
i doubt u will be eligible next year....but depends on ur io or person incharge of ur case...

http://immigration-information.com/forums/showthread.php?t=214

http://immigration-information.com/forums/showthread.php?t=749

Ron had stated once that all visits in the last 5 yrs should be less than 6 months unless on n470...
i have read it several times,but i could not find it today as i am a bit busy...
however go to this link
http://www.imminfo.com/faqs.html#nats
and look for naturalization and citizenship
click on the eligibility
click on the link to the 4th answer...
it clearly states u need to be in u.s for 5 years of which no travel more than 6 months...
u can also read the same at uscis link i have given at the bottom of the faq link's.

i might be wrong..coz there are several exceptions when it comes to uscis...

scth61 said:
Thanks query11 for pointing to the great compilation,and for working towards it.

In fact I could not find any specific answers to my case, other than taking a chance and convincing the officer at the time of interview. I was wondering of the chances, for me in this case. Also, could you point to any similar "experience" links.
 
this is from uscis...
if u look through the link
http://www.uscis.gov/lpbin/lpext.dl...cted-491-1/afm-95-redacted-15137&c=100&sync=2

u will find all the answers...there is not a single question which u cant find an answer for in the above link...
anyways...

go here...
http://www.uscis.gov/lpbin/lpext.dl...d-12219?f=templates&fn=document-frame.htm&2.0
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
(1) Absence of More than 6 Months But Less than 1 Year. If an absence of more than six months but less than one year has occurred during the period for which continuous residence is required prior to the filing of the application for naturalization, or between the filing of the application and the date of any hearing under section 336(a), such absence is presumed to break the continuity of such residence.



However, section 316(b) further provides that this presumption of loss of residence can be overcome if the applicant can “establish to the satisfaction of the Attorney General that he or she did not in fact abandon residence during such period.” Acceptable evidence for this purpose may include, but is not limited to, documentation that during the absence the applicant did not terminate his or her employment in the United States nor obtain employment while abroad; the applicant's immediate family remained in the United States; and the applicant retained full access to his or her United States abode. (See 8 CFR 316.5(c)(1)(i))



(2) Absence for a Continuous Period of 1 Year or More. Section 316(b) of the Act provides that “[a]bsence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of residence.”



An exception in the case of a person who, after having lived in the United States as a lawful permanent resident for an uninterrupted period of at least one year, goes abroad for the purposes of employment by or contract with the United States government or an American institution of research recognized as such by the Attorney General, or employment by an American firm or corporation engaged in the development of U.S. foreign trade and commerce, or a subsidiary thereof, or by a public international organization of which the United States is a member, as defined in section 316(b) of the Act. No further period of absence from the United States shall break the continuity of residence if that applicant establishes to the satisfaction of USCIS prior to beginning such employment and prior to the expiration of one year of continuous absence that his or her absence is for the purpose of the qualifying employment and upon return proves to the Attorney General's satisfaction that the absence has been for such purpose.



The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the foregoing exemption are also entitled to such benefits during the period when they were residing abroad as dependent members of the principal applicant's household. (See section 316(b) of the Act).



Regulations provide that the process by which a qualified applicant seeks the required approval of USCIS for the proposed absence is the Application to Preserve Residence for Naturalization Purposes, Form N-470. Unless the applicant applies in accordance with those rules, absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under paragraphs (3) and (5) of section 316.2(a) of the Act shall disrupt the continuity of that applicant's residence.



The application of a person who is subject to the continuous residence requirement but has been continuously absent for a year or more without qualifying for the exception benefits of section 316(b), or making a timely application for such benefits, must be denied for failure to meet the continuous residence requirement of section 316(a). In the case of a denied applicant who is subject to the five-year continuous residence period, this means that he or she becomes eligible to overcome that impediment four years and one day following the date of return to the United States to resume permanent residence. If the case of an ineligible applicant who is subject to the three-year statutory residence period, eligibility to overcome the impediment and to file a new application for naturalization will occur two years and one day following the date of return to resume permanent residence. (See to 8 CFR 316.5(c)(1)(ii) and 8 CFR 316.5(d).) For additional discussion see the relating parts of Chapter 74.2 of this field manual, Part-by-Part Discussion of Form N-400 Data.
 
Last edited by a moderator:
Top