Out of US stay over 6 months! Should I apply for Citizenship?

H

helloforum

Registered Users (C)
Hello all,

My GC was approved in Dec 2001. I am eligible to apply in Sept 2006 (90-day-earlier rule). I was out of the US from May 23, 2002 - Dec 5, 2002 (6 months 15 days). I had applied/approved for the re-entry permit that I didn't require to use. Since I returned on Dec 5, 2002, I didn't leave US.

My husband was working in the US while I was out for vacation. The extended vacation was planned but was not intended to be over 6 months. By the time I left for vacation, I was a matriculated graduate student. I had taken the Fall semester off from the university, and rejoined the university in the Spring semester (started Jan 2003). I spoke to a reasonable attorney who raised the issue of interrupted residency due to the >6 months stay out of US. He suggested, it is a chance provided I give good reasons of continued residency. All the utilities are under my husbands name that we didn't think about earlier. However, the rental lease was joint.

Should I apply for the citizenship in Sept 2006 (due with the 90-day-earlier rule)? If not, when would be the best time to apply? Thank you.
 
Its worth a shot at applying now. Provided you make a convincing argument and show proof of continuous residence I think you'll be ok.
 
yes agree,its most probably a sure shot unless you are unlucky and get a bad io....make sure u collect alll bank statements,credit card bills,whatever you had in america like monetary transactions while u were on tht visit...
 
The fact that your husband stayed behind in the US while you were abroad adds a very convincing argument that you did not intend to interrupt your residence.
 
each applicant has a individual status,it really doesnt matter if ur better half was in u.s while u were out for more than 6 months(there is no relation between the 2)...bottom line ur case is not decided on the basis of ur husbands continuous residency...but since u were just out for 7 months,you shouldnt have a problem.... :)
There are people in this forum who have lived in the u.s for like 20-30 yrs without applying for citizenship ,then they go out of country for like a yr only to realise they have broken continuous residency,these are ppl with wife and kids here in u.s...
for more info surf around the green card threads i have read atleast 2 of such cases..
including one gentlemen who was denied entry coz he had a expired gc eventhough he lived in u.s for like 30 yrs and had family here...he had to later apply for a i90(online) in pakistan and then entered u.s.a on the travel doc
boatbod said:
The fact that your husband stayed behind in the US while you were abroad adds a very convincing argument that you did not intend to interrupt your residence.
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query11. said:
each applicant has a individual status,it really doesnt matter if ur better half was in u.s while u were out for more than 6 months(there is no relation between the 2)...bottom line ur case is not decided on the basis of ur husbands continuous residency...but since u were just out for 7 months,you shouldnt have a problem.... :)
There are people in this forum who have lived in the u.s for like 20-30 yrs without applying for citizenship ,then they go out of country for like a yr only to realise they have broken continuous residency,these are ppl with wife and kids here in u.s...
for more info surf around the green card threads i have read atleast 2 of such cases..
including one gentlemen who was denied entry coz he had a expired gc eventhough he lived in u.s for like 30 yrs and had family here...he had to later apply for a i90(online) in pakistan and then entered u.s.a on the travel doc
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Actually it does matter in cases where there is a question of disrupted residence. I posted this section of the adjudicators handbook a few days ago for a similar question.

(C) Absences of Between Six Months and One Year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under 8 CFR 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence unless the applicant can establish otherwise to the satisfaction of USCIS. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws.

If the applicant claims that he/she did not disrupt the continuity of residence you must ask additional questions about the absence and the nature of his/her claimed continuous residence in the United States. Some of the things that you should ask for are:

• Evidence that the applicant did not terminate his or her employment in the United States;

• Evidence that the applicant's immediate family remained in the United States;

• Evidence that the applicant retained full access to his or her United States abode; or

• Evidence that the applicant did not obtain employment while abroad. Also, this would normally include evidence of how he/she supported him/herself during the absence.

You should ask for other evidence if the items listed above do not cover the issue fully in a specific case.

If the applicant is unable to establish that he/she did not disrupt residence, he/she will be ineligible for naturalization. The applicant will be eligible to re-apply for naturalization, four years and one day (two years and one day if applying under section 319(a) of the Act) from the most recent date that he/she returned to the United States. See the letter from the Headquarters Office of Naturalization and Special Projects to Messr. Kiblan and Battles dated September 22, 1993, located in Appendix 74-13​
 
boatbod said:
Actually it does matter in cases where there is a question of disrupted residence. I posted this section of the adjudicators handbook a few days ago for a similar question.

(C) Absences of Between Six Months and One Year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under 8 CFR 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence unless the applicant can establish otherwise to the satisfaction of USCIS. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws.

If the applicant claims that he/she did not disrupt the continuity of residence you must ask additional questions about the absence and the nature of his/her claimed continuous residence in the United States. Some of the things that you should ask for are:

• Evidence that the applicant did not terminate his or her employment in the United States;

• Evidence that the applicant's immediate family remained in the United States;

• Evidence that the applicant retained full access to his or her United States abode; or

• Evidence that the applicant did not obtain employment while abroad. Also, this would normally include evidence of how he/she supported him/herself during the absence.

You should ask for other evidence if the items listed above do not cover the issue fully in a specific case.

If the applicant is unable to establish that he/she did not disrupt residence, he/she will be ineligible for naturalization. The applicant will be eligible to re-apply for naturalization, four years and one day (two years and one day if applying under section 319(a) of the Act) from the most recent date that he/she returned to the United States. See the letter from the Headquarters Office of Naturalization and Special Projects to Messr. Kiblan and Battles dated September 22, 1993, located in Appendix 74-13​
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lets try to conince a immigration officer with this...
 
I agree with Boatbod.
For cases of an absence longer than one year, there is no discussion : the continuous residency is broken.
For cases of an absence of less than 6months, the continuous residency is not broken. ( but that doesn't mean that it is enough to come back to the US every 5months...) :rolleyes:
However, for cases > 6months but < one year, the burden is on the applicant to prove that he/she did not break the continuous residency.
The proofs can be:
_ federal and state tax retruns filed as resident ( that's a requirement for the federal taxes anyway )
_ active credit cards, bank accounts...
_ maintaining a residence in the US ( own a ouse, or still pay its rent )
_ family members ( spouse/kids ) in the US.
_ ...
Indeed, the above show that you really intend to come back to the US.
 
over 6 months stay..Should I apply for Citizenship?

First of all, thank you to all who took the time to respond. Very helpful information. Just to add to my original post, I had taken a leave of absence (upto a year max) from the school before I left US. I left on May-end with my 5-month old child, and came back on Dec 7 of the same year (to rejoin school in the January semester). Accordingly, I enrolled and completed the degree as usual. Never missed a tax return (joint). My name was on the rental lease while I was absent. I had an active joint bank acct with my husband while I was out of the US.

What I understand, I have a good possibility provided that I can convince my application with proper supporting documentation. My husband has a clean case. Both of us wish to apply together.

Is it a good idea to apply by ourselves without a lawyer? If it is a possibility, how to provide the supporting documentation with the N-400 form? Apparently, the N-400 form (question Part 7c) is a structured questionnaire. Would you please share your thoughts if we should file through a lawyer? If a lawyer is not necessary, how do I add/provide the supporting documents (rental lease, tax returns, bank acct, other spouse's presence in the US etc.) with the form N-400? Thank you.
 
i dont think u need a lawyer...all the docs u mentioned & your school docs should suffice the requirement...
 
I doubt you need a lawyer. You could write a cover letter and include the supporting docs with your application, however you will definitely need to take them to the interview with you, so you might just leave it at that.

Its probably best for you and your husband to submit separate applications just in case one of you gets hung up in namecheck.

good luck.
 
citizenship question

Thanks for the replies. At what point/stage do I come to know of the decision of the IO on my extended stay? Is it after the fingerprint/interview stage(s) that a decision on my extended stay will be addressed on?

Another related question - in case, I am denied at my first attemp, is there any future negative implication of this denial that you can foresee? Thanks again.
 
Normally you would expect to find out about this sort of eligibility issue during the interview after FP and FBI checks completed. If USCIS determines you are not eligible, they will, I believe, give you the option to withdraw your application so you don't get "denied" on file. That way future reapplication should be no problem, albeit for a further cost of $400.
 
Thank you for the reply. Earlier you mentioned, the following statement is from the adjudicators handbook:

"The applicant will be eligible to re-apply for naturalization, four years and one day (two years and one day if applying under section 319(a) of the Act) from the most recent date that he/she returned to the United States."

With the above clause, if necessary, I am eligible to re-apply for naturalization after four years and one day from the most recent date that I had returned to the US. Ever since I received my GC in Dec 2001, I had only one visit out of US. As I returned in Dec 2002, and didn't go out of the country since then, I assume, I am eligible to re-apply (if needed) in Dec 2006. In that case, does it help my application anyway if I rather apply in Dec 2006 instead of applying in Sept 2006 (90-day earlier rule)?

Also, although I had a out-of-US stay of about 7 months, I had applied/approved for a re-entry permit. Will this re-entry document help anyway along with my other supporting documents that I plan to submit with my application.

Would someone please review the following list that I plan to furnish with my citizenship application:

1. cover letter,
2. rental agreement,
3. 2001 tax return (as filed in April 2002, and I left US in May 2002)
* Is it sufficient to submit the tax return copy for that specific year (2002) only?
4. joint bank statements (2 or 3) during the period of my absence,
5. proof of my husband's stay in the US while I was out - probably in the form of a letter from his employer during that period.
** Is there a better form of document to prove my husband's stay in the US during that time that you can think of!
6. my school's leave of absence - probably in the form of a letter from my departmental chair stating that I didn't give up my student status, and applied for a leave of absence accordingly. Thanks again.
 
helloforum said:
Thank you for the reply. Earlier you mentioned, the following statement is from the adjudicators handbook:

"The applicant will be eligible to re-apply for naturalization, four years and one day (two years and one day if applying under section 319(a) of the Act) from the most recent date that he/she returned to the United States."

With the above clause, if necessary, I am eligible to re-apply for naturalization after four years and one day from the most recent date that I had returned to the US. Ever since I received my GC in Dec 2001, I had only one visit out of US. As I returned in Dec 2002, and didn't go out of the country since then, I assume, I am eligible to re-apply (if needed) in Dec 2006. In that case, does it help my application anyway if I rather apply in Dec 2006 instead of applying in Sept 2006 (90-day earlier rule)?

Also, although I had a out-of-US stay of about 7 months, I had applied/approved for a re-entry permit. Will this re-entry document help anyway along with my other supporting documents that I plan to submit with my application.

Would someone please review the following list that I plan to furnish with my citizenship application:

1. cover letter,
2. rental agreement,
3. 2001 tax return (as filed in April 2002, and I left US in May 2002)
* Is it sufficient to submit the tax return copy for that specific year (2002) only?
4. joint bank statements (2 or 3) during the period of my absence,
5. proof of my husband's stay in the US while I was out - probably in the form of a letter from his employer during that period.
** Is there a better form of document to prove my husband's stay in the US during that time that you can think of!
6. my school's leave of absence - probably in the form of a letter from my departmental chair stating that I didn't give up my student status, and applied for a leave of absence accordingly. Thanks again.
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The docs u have in the list should be good enough...and copies of tax returns are good...coz i gave them the same from H&R block...

try to get credit card statements..tht u paid them even while u were abroad...or if u had student loan,the payments made towards those loans during the time...
another thing ignore the reentry permit unless they ask u so...talk to them about re entry permit only if they ask u about it,try to avoid unnecessary confusions...Like u have said,your visit was temporary and re entry permit was just a precautionary measure...


My strong advice never lie to the uscis,at the same time do not be excited and over burden them.
 
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boatbod said:
I doubt you need a lawyer. You could write a cover letter and include the supporting docs with your application, however you will definitely need to take them to the interview with you, so you might just leave it at that.

Its probably best for you and your husband to submit separate applications just in case one of you gets hung up in namecheck.

good luck.
Click to expand...

I spoke to couple of lawyers who apparently mentioned, about 7 months of stay (outside of US) shouldn't be an issue at all. They do not think of any requirement of submitting any additional supporting documents relating to my extended stay with the N-400 form. However, they asked to file the application through them to avoid any future complications.

Is it a good idea if I submit the N-400 as a regular application without any additional supporting documents relating to my extended stay (6+ months) outside of US? In that case, I will take the additional supporting documents (related to my extended stay) during the interview only.

Just wondering, do I then need to write any explanation on the N-400 form where it asks for the outside of US stay (sec ?7c on the form) or just fill-out the form as it is. Thank you for your help.
 
helloforum said:
I spoke to couple of lawyers who apparently mentioned, about 7 months of stay (outside of US) shouldn't be an issue at all. They do not think of any requirement of submitting any additional supporting documents relating to my extended stay with the N-400 form. However, they asked to file the application through them to avoid any future complications.
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Oh yes, I'll bet they did... :rolleyes:

helloforum said:
Is it a good idea if I submit the N-400 as a regular application without any additional supporting documents relating to my extended stay (6+ months) outside of US? In that case, I will take the additional supporting documents (related to my extended stay) during the interview only.
Click to expand...

I don't think it'll hurt to do it that way, since the decision-making process doesn't really occur until the interview.

helloforum said:
Just wondering, do I then need to write any explanation on the N-400 form where it asks for the outside of US stay (sec ?7c on the form) or just fill-out the form as it is. Thank you for your help.
Click to expand...

I'm undecided. Drawing USCIS attention to the dates just guarantees you will have to explain it during interview (rather like the traffic tickets issue), however they should be checking them anyway.
 
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