N400. In and Out of the country but...

S

slyda007

Registered Users (C)
Hello,

First of all, I'm so glad there's a site like this that can help out so many people with their questions. This is a very difficult and sensitive subject. I praise the moderators for keeping this site up to date!

Anyway, here's my scenarion...

I've been in and out of the country for the past 5 years for studies without using a reentry permit. Some of those times were for over 6 months. I just graduated and have been in the country for a year now. Prior to being in and out of the US, I've been in the country for over 8 years straight without leaving. I've been a legal resident since 1987 and my dad has been a US citizen since 1991, before my 18th birthday.

Will I still be eligible for citizenship or do I have to stay for 4 more years straight? Staying for 4 more years is absolutely not a problem... but I just want to vote in the next election!!!

I know I should have taken care of my citizenship before... but, that's over and done with... :( My siblings are all citizens as well as my parents btw... not sure if that'll help me at all...

Thank you.
 
continous residence requirement a must

Hi,
A short to answer to your question is that you may not be eligible for the citizenship as you have stayed lomger than 6months in some the years during the past 4 years. You may have to wait another 4 years to fulfill your continous requirement. Hope this is helpful.
 
Gotcha! wasn't clear to me really if they would count the 8 years uninterrupted stay i had since i was a kid prior to going abroad for my studies...

Had some lawyers giving me false hopes saying it poses a problem, but they can help... I'd hate for them to just take my money promising me something and can't deliver...

I'm not really that desperate in getting my citizenship... just wanted to vote... oh well... thanks for the help...

I'd appreciate more input though... :)
 
Well, it depends. Get the Guide to Naturalization and read up about "continuous residence".

Also, as DanDan123 pointed out, you may also be a US citizen. Download the N-600 form and read the instructions. Timing is everything with it (there are a lot of "if this and not that" conditions related to when you turned 18, when your father became a citizen, and when various laws passed).
 
Unfortunately the N600 form doesn't apply to me since I was already passed 18 years old by 2001, when that certain law took effect...

As far as the continuous stay goes, it's still vague to me since it seems like I qualify for the N400... but the some people are saying it has to be straight 5 years prior to filing... and some say otherwise.

I'll check on a lawyer tomorrow that I might be able to trust... I've heard too many horror stories with immigration lawyers...

Thank you for everone's reply...
 
Since none of your trips were over 1 yr duration, technically it is possible to still be eligible for N-400, but the burden of proof is on you to show all your trips were temporary in nature.

Being an overseas student does make this slightly easier than someone who went abroad to work, and if you had immediate family (parents etc) remain behind in the US, your task is even less arduous.

Key points are you must have always filed & paid your taxes with IRS, and never selected "non resident". You also need to show proof of advanced knowledge of end dates of each trip - i.e. when each semester ended etc.

Might be worth a shot.
 
I agree with Boatboad!

I think that most probably you broke your continuous residency (maybe even physical?). The fact that you fullfilled conditions to become citizen sometime in the past does not help, i.e. your 8 yrs stay in US is irrelevant at this point. If this is going to make you feel any better, it would not matter if you stayed 30yrs straight in US before taking your longer "educational" trips outside of US. I know this sounds harsh...but that is reality. A lot of long-term GC holder tends to think that they are almost citizens and think that they can have almost the same status....Well, not quite!!! In the eyes of USCIS, you have to prove yourself over and over again (if you are GC) and it never stops. What is the most relevant for USICS is your last 5yr residence history.

I think you will have to wait another 5 Yrs or so, and make sure that you:

1) Log every trip (dates)
2) Makes sure you do not take any long trips outside of US
3) File taxes, maintain residence, do not get in trouble with law etc.

Sure....you can hire lawyer to argue that you did not break your continuous residency....and fair enoguh there are ways to do it. However, in your case, I think this is a long shot and you will be wasting your time and $$$.

Good luck!

P.S.: I'm not a lawyer or an immigration expert. I'm just an ordinary guy. You are soley responsible for your actions.
 
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Great replies! yea, I feel like I do have a shot... but like I said, I'm not too desperate... I can pretty much do everything anyway... just wanted to vote...

Wasting time and money is not an option for me... I'm pretty sure if I get a very good lawyer and document my trips accordingly, I'll have a pretty good shot... but I don't want to go through all that right now... I'll most likely wait a few more years...

Thank you again...
 
I was in a rush with my reply this morning - forgot to mention the physical presence requirements! For you to even be in with a chance, you need to have at least 30 months (900 days) physical presence over the past 5 years. For the purposes of this test, you can include days when you either entered or left the US.
 
Well, I don't think I can cover 900 days... I'm on 520 or something... Thanks guys! saved me money and headaches... :)
 
Ok, well the potentially good news is that physical presence is a rolling window, so perhaps in a year or so you can reexamine your eligibility.
 
Thank you so much for everyone's replies... has helped me a great deal...

I'll keep visiting the site and try to help out others with my experiences.

Thanks again...
 
Thanks batboad. For the last 2 days I was looking for that answer 'physical presence is a rolling window'. But when it says 30 months of physical presense can we count as 900 days or 915 days? I am not sure has any one has this situation. I am already 845 days out and I have to go out of us for another 80 days between interview and oath.
 
KMM said:
Thanks batboad. For the last 2 days I was looking for that answer 'physical presence is a rolling window'. But when it says 30 months of physical presense can we count as 900 days or 915 days? I am not sure has any one has this situation. I am already 845 days out and I have to go out of us for another 80 days between interview and oath.
Click to expand...

Well a standard USCIS month is 30 days, however I'd caution you to make sure you allow a week or so extra slack just in case the math doesn't work out.
 
out of the country

Hello
I work for an american company and have been traveling overseas a lot for the past 10 years. I have permanent residence status for 6 yrs .. I think I have been out of the country for more than 1 year during business trips (during the last 5 years).. am I eligible to be a citizen?
thanks
 
Seems like the standard answer applies here... go read the M-476 "Guide to Naturalization" as it will address most of your questions.

Generally speaking, any absence lasting between 6 months to 1 year will break continuous residence unless you can prove otherwise. Anything over 1 year absolutely breaks continuous residence unless you have the benefit of an N-470.

You need 5 years continuous residence (less 90 days), and a minimum of 30 months accrued physical presence (over that 5 year period) before you become eligible to file. Timeframes are somewhat shortened if you are married to a USC.
 
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