Outside of US stay - more than 6 months

I

immihelp101

Registered Users (C)
Hello,

My 5 years of permanent residency will be completed in January 2007. With the 90-day rule, I should be eligible to apply for citizenship around mid-Oct 2006. During the last 5 years, I had a single trip outside of the US which lasted for 7 months. My family was here during my 7 months absence. My name was in the rental lease (with my spouse) during my absence. We had filed joint tax return since the past 5 years. For more than 3 and 1/2 years, I didn't take any trip outside of the US. Currently, I am working.

Am I eligible to apply in mid-Oct 2006 (with the 90-day rule)? If I am eligible, should I submit copies of tax return (past 5 years) and rental lease with my initial citizenship application (during N-400 submission)? Instead of submitting these supporting documents (tax return and rental payments) at the very beginning of making the initial application (with N-400 submission), do I have the option of taking these supporting documents during the interview only? The citizenship guide clearly says, I must submit copies of the supporting documents (tax return and rental payments). I am not even sure, if I am eligible to apply as a regular applicant (with the 90-day rule) in mid-October or should I complete 5 years 7 months before I become eligible to apply. I heard conflicting comments on this. Please advise.

The document checklist of the "A guide to Naturalization" mentions the following on Page 53:

"If you have taken any trip outside of the United States that lasted for 6 months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work, and/or keep ties to the United States, such as:

- An IRS tax return transcript or an IRS-certified Tax return listing tax information for the last 5 years..

- Rent or mortgage payments and pay stubs."
 
immihelp101 said:
Hello,

My 5 years of permanent residency will be completed in January 2007. With the 90-day rule, I should be eligible to apply for citizenship around mid-Oct 2006. During the last 5 years, I had a single trip outside of the US which lasted for 7 months. My family was here during my 7 months absence. My name was in the rental lease (with my spouse) during my absence. We had filed joint tax return since the past 5 years. For more than 3 and 1/2 years, I didn't take any trip outside of the US. Currently, I am working.

Am I eligible to apply in mid-Oct 2006 (with the 90-day rule)? If I am eligible, should I submit copies of tax return (past 5 years) and rental lease with my initial citizenship application (during N-400 submission)? Instead of submitting these supporting documents (tax return and rental payments) at the very beginning of making the initial application (with N-400 submission), do I have the option of taking these supporting documents during the interview only? The citizenship guide clearly says, I must submit copies of the supporting documents (tax return and rental payments). I am not even sure, if I am eligible to apply as a regular applicant (with the 90-day rule) in mid-October or should I complete 5 years 7 months before I become eligible to apply. I heard conflicting comments on this. Please advise.

The document checklist of the "A guide to Naturalization" mentions the following on Page 53:

"If you have taken any trip outside of the United States that lasted for 6 months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work, and/or keep ties to the United States, such as:

- An IRS tax return transcript or an IRS-certified Tax return listing tax information for the last 5 years..

- Rent or mortgage payments and pay stubs."
Click to expand...


If I read your post correctly, you are ineligible in Oct 2006 because the 6 month absence breaks the continuos residency requirement regardless of leases, taxes etc.
I think you have to make up that six month gap before applying sans the 90 day exception.
Any other comments, I would like to know too.
 
immihelp101 said:
Hello,

My 5 years of permanent residency will be completed in January 2007. With the 90-day rule, I should be eligible to apply for citizenship around mid-Oct 2006.
Click to expand...

That is correct.

During the last 5 years, I had a single trip outside of the US which lasted for 7 months. My family was here during my 7 months absence. My name was in the rental lease (with my spouse) during my absence. We had filed joint tax return since the past 5 years. For more than 3 and 1/2 years, I didn't take any trip outside of the US. Currently, I am working.

Am I eligible to apply in mid-Oct 2006 (with the 90-day rule)?
Click to expand...

The answer probably depends on the specific circumstances related to your 7-month trip as well as on your luck.

According to USCIS Naturalization Guide, an absence of more than 6 and less than 12 months does break in a continuous residency naturalization requirement, UNLESS you can "prove otherwise" .

As you saw yourself in the Document Checklist at the end of the Guide, they do list some documents that you can use to try to prove that your absence did not break the continuous residence.
They specifically mention IRS transcripts, mortgage payments and paystubs.

I have heard (including from some other posts in this forum) that recently USCIS officers have become quite restrictive in this regard and more difficult to convince that the trip should not be viewed as breaking the continuous residency.


However, it does seem to me that you have a shot and could try it. As you say, the apartment lease was in your name, your family remained in the U.S. and you did file a Tax return for that year.


It probably would be helpful if the purpose of your 7-month trip was clearly temporary and if you had actually kept your previous job (e.g. if you had taken a temporary leave of absence).

Of course, you need to still make sure that you satisfy the phisical presence requirement, etc.

If I am eligible, should I submit copies of tax return (past 5 years) and rental lease with my initial citizenship application (during N-400 submission)? Instead of submitting these supporting documents (tax return and rental payments) at the very beginning of making the initial application (with N-400 submission), do I have the option of taking these supporting documents during the interview only?
Click to expand...

The Guide is not very clear on this point, but I would probably submit all this stuff with the N-400 application, just in case.

I am eligible to apply as a regular applicant (with the 90-day rule) in mid-October or should I complete 5 years 7 months before I become eligible to apply. I heard conflicting comments on this. Please advise.
Click to expand...

Even if you (or USCIS) take the view that your 7-month trip did break the 5 year continuous residency requirement, there is a rule
allowing to count the last year (to be more precise, the last 364 days) abroad towards the 5 year continuous residency requirement. This is explained on page 23 of the Guide, in the example at the bottom of the page. This means that you would definitely fulfill the 5-year continuous residency requirement 4 years and 5 months after the end of your seven months trip.
Under the 90 days rule, you could submit an N-400 application 4 years and 2 months after the end of your seven months trip.


But, as I said, you could give it a try an apply in mid-October 2006.
 
out of US for (2) 2 consecutive years <pls reply>

I have a question regarding applying for my citizenship. I contacted one assistant attorney and was told that I can apply for citizenship as soon as I have completed my two and a half year stay here in the US .

This is my situation, I’ve been a green card holder/permanent resident since April 29, 2000. I stayed in the US until February 19, 2001 then returned to the Philippines to continue my education. I applied for my re-entry permit and February 1, 2003, I returned to the US because my permit was about to expire. I stayed until March 16, 2003 then I returned to the Philippines to finish my education. I applied again for my re-entry permit. After I graduated receiving my degree, I returned to the US May 7, 2005. I am now planning to stay in the US permanently. I want to process my citizenship as soon as possible.

Due to my returning to the Philippines to obtain my degree, how soon would it be possible for me to apply my citizenship?
I’m looking forward to your help in this matter.
Thanking you in advance
 
kati00021 said:
Due to my returning to the Philippines to obtain my degree, how soon would it be possible for me to apply my citizenship?
I’m looking forward to your help in this matter.
Thanking you in advance
Click to expand...

Not sure where the 2 1/2years suggestion came from... there are no rules that I'm aware of which would permit that.

Basically for trips outside US longer than 6 months, you can apply a 364 day credit against the 5 year residency requirement, meaning your residency period needs to be at least 4 years plus 1 day from when you mostr recently returned from the Phillipines.
 
sony, what happen with regards to your mom's case, when your lawyer tried to appeal?
that's actually i am planning right now, to hire a good lawyer to defend my case.
Do you think it is worth it to hire a lawyer to help me with my case? or i am just wasting time and money?

thanks,
-k-
 
katie u need to wait...i dont think u have a chance as of now...no matter how good of a lawyer u hire ...well,i guess unless its a mitracle...
 
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