more than 6 months

D

Desh2Pardesh

Registered Users (C)
As per the "Naturalization Eligibility Worksheet" section of Document M-476 (A Guide to naturalization), it appears that Applicant is eligible as long as he/she is not out of country for One year or more (5. have not taken a trip out of the
United States that lasted one year or more)

This seems to be not in line with --- "5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer"

Can anyone guide me with my situation? I've been Permanent Resident for the last 5 years, but HAVE taken 2 trips out of USA for MORE than 6 months but LESS than One year. Am I eligible?
 
Two trips of long stays (more than 6 months ) outside the US may be a gamble.

I had one trip outside the US with a 10 month stay, and they denied my first application because of it. No ammount of paper work convinced them otherwise.

Even though my expirience was a bad one, there have been a few posts from people who show sufficient paperwork and do get approved even with a long stay outside the US.

I wish you luck in your n-400 journey :-)
 
Triple Citizen said:
What was the gap between these two visits?
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Of the last 5 years I've been out of United States for almost 2 years (4th & 5th year) with 6 weeks gap between the 2 trips.

Out of US for 11 months after 3rd year, back in US for 6 weeks then again out of US another 11 months & now back in US since 3 months
 
Desh2Pardesh said:
Out of US for 11 months after 3rd year, back in US for 6 weeks then again out of US another 11 months & now back in US since 3 months
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More than 1 year = automatic denial, unless there is an approved N-470 or military exception.

6 months or longer but less than 1 year = presumption of breaking residence. May be overcome with sufficient evidence.

Your problem is that you have two trips where each is long enough to create a presumption of breaking residence, and they are close together. It is highly unlikely that you will be approved, unless you wait long enough to get those trips out of your 5-year window.
 
Desh2Pardesh said:
Thank you!

Quick question - at what stage the 'denial' letter comes, before 'NOA' or after, before 'FC' or after?
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At my interview they questioned my long trip,, I told them I was still living in the US it was just a vacation that was WAY longer than expected due to a sick grandmother,, they asked for A_LOT of paperwork, proof that I was living here, I gathered everything and mailed it in like they told me to.

About 3 weeks later the deial letter showed up in the mail, they siad I could appeal but it would cost me almost as much a reapplying----

So I waited for about 8 years and now I have plenty of paperwork and proof ( a completly CLEAN passport I NEVER left the US after that ) and have since reapplied..

:cool:
 
I have had many back to back trips in past 2 years but none lasted more than 6 months. I had my interview in August-2008 and my application is still pending with the USCIS after 8 months of the interview. They asked for a lot of proof and paper work which I provided to prove that I never abandoned my US Residenece. In my case I own a company with an offshore office. Have been paying taxes here in the US. I even submitted my Company's tax returns to the USCIS. It looks like USCIS does not want to approve my case but at the same time they can't deny it as I had provided enough evidence (That's my assumption). I am filing a lawsuit in a couple of days. So my advise would be to apply for naturalization only if you have enough evidence to prove your case.
 
b0nd said:
I have had many back to back trips in past 2 years but none lasted more than 6 months. I had my interview in August-2008 and my application is still pending with the USCIS after 8 months of the interview. So my advise would be to apply for naturalization only if you have enough evidence to prove your case.
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Thank you!
 
I had two trips of four months each two different years. Should I be worried? Reading some of the posts makes me think that I should...
 
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