N400 and continuous residence

Salmabb

New Member
Any one filed for citizenship after breaking continuous residence, if did you apply 4 years 6 months or 2 years and 6 months, did they still ask you about the long trip or is it better to wait 90 days before 5 years / 3 years ?thank you
 
They may or may not ask you about >6 months trips regardless when you filed (from my family’s experience, different IOs), you may as well file as soon as you are able.
 
Thank you for your reply
I had to leave for 9 months to finish my college, but i have been in the US for 2 years one month now, is it better to just wait to 3 years ? Or should I apply 90 days before, i talked to 3 lawyers they all have different things to say. It is kind of confusing.
thank you
 
It’s not really confusing, if you read the way the manual explains it. If you apply at 2 years 1 month (I assume you are marriage based and that your husband was with you all the time if you are asking this*) you still have to overcome the presumption of breaking continuous residence for the first part of the period under consideration. If you apply at 2 years 6 months you don’t need to do rebut the presumption so it is “easier”. The example they use (pasted below) deals with 5 year but obviously you can map to 3 years. The manual link also gives some examples of what you can use to rebut so you can decide if you think you have a case to submit at 2 years 1 day. (Please read the full section in the link before asking follow up questions as it explains in further detail)

*But if your husband was not in fact with you the whole time then you will not have fulfilled the “in marital union for 3 years” requirement and in that case I would wait till 90 days before 3 years in your case.


Eligibility After Break in Residence

An applicant who USCIS determines to have broken the continuity of residence must establish a new period of continuous residence in order to become eligible for naturalization.The requisite duration of that period depends on the basis upon which the applicant seeks to naturalize. In general, such an applicant may become eligible and may apply for naturalization at least 6 months before reaching the end of the pertinent statutory period.

Example

An applicant who is subject to a 5-year statutory period for naturalization is absent from the United States for 8 months, returning on August 1, 2018. The applicant has been absent from the United States for more than 6 months (180 days) but less than 1 year (365 days). As such, the applicant must be able to rebut the presumption of a break in the continuity of residence in order to meet the continuous residence requirement for naturalization.

If the applicant is unable to rebut the presumption, he or she must wait until at least 6 months from reaching the 5-year anniversary of the newly established statutory period following the applicant’s return to the United States. In this example, the newly established statutory period began on August 1, 2018, when the applicant returned to the United States. Therefore, the earliest the applicant may re-apply for naturalization is February 1, 2023, which is at least 6 months from the 5-year anniversary of the pertinent statutory period.
 
Hi,

I'd appreciate if someone help me here.

I applied for citizenship in April 2020 and have an interview in 2 weeks. My last trip to my home country took 183 days and I returend in October 2017. Ever since I had 2 more trips for 10 days each only.

My brother and father permanently moved to the US 2 months before my permanent move (they moved on August 2017). I kept my bank account open but have no lease or employment record under my name (I had to stay in my home country to get my PharmD to be able to apply for PhD in the US, and I got PhD admission soon after I got back to the US). Do I qualify for naturalization? What can I tell them?

Thanks for your time!
 
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