out the country with naturalization pending

T

taomoon

Registered Users (C)
I want to understand "continuous residency" requirements for naturalization. I had my interview December 8, 2005 and was not approved pending FBI name check. I had to leave US January 1, 2006. I returned to US 4 days late April and then again for 3 weeks mid August to early September. I had only 84 days absent from US when I interviewed ... so I'm not concerned "yet" about physical presence. But the "continuous residence" issue has me concerned. Are sporadic visits every 6 months enough to preserve continuous residence ?

I have a re-entry permit. A lawyer coexed me into having her file WOM last July. She hasn't done that yet ... sent a 4 sentence inquiry late August ... requiring wait 45 days ... time is up but no response from USCIS. She has billed me more than double her estimate of between $1000 and $2000. And I suspect she should have advised me to start this last April before "continous residency" became problematic. She seems to have made my problem worse by delay in action and by her excessive charges. I need that money in US bank to show to customs officer and to move back to US after my work contract ends late next year.

This has been a nightmare for me.
 
Unfortunately there is no clearcut answer to your continuous residency question. Returning to the US for a few days at a time simply to avoid the 6-month cutoff demonstrates to USCIS you are residing abroad. You may be able to mitigate this by showing evidence that you are on an overseas assignment for your US-based employer, as well as family and other ties to the US.

Not sure if WOM is your best course. I'm no expert, but isn't it supposed to be 1447(b) after 120 days from interview?
 
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