Outside the US for more than 6 months... Qualified?

[redp]

My sister has been an immigrant since 2002. But was out of the country a lot at the beggining because she was finishing school in the philippines.

But since 04/2005, she only took 3 trips out of the country, the problem is, one of them was more than 6 months. It was 10 months to be exact. this was back in 07/2008 to 04/2009. Does that reset her required 5 year continous stay for her citizenship? Or can she apply This coming 04/2010 for her citizenship?

Thanks so much for the help.

 

[kruz_patz]

Give a complete list of dates ... when she left and when she entered back to usa.............

For now I can only say by assuming that her 10month trip was last trip out side usa.........and if that's the case.........I think She has to start counting her 5 years from the date she entered last in usa.......which was 04-2009....as you wrote..........but give all the dates again.......as i mentioned above.........than I can tell you more in detail

 

[redp]

Here are the dates since 2004

Left Usa: 05/25/2004
Returned: 10/28/2004
days gone: 150


Left Usa: 11/06/2004
Returned: 04/15/2005
days gone: 159


Left Usa: 07/26/2008
Returned: 04/17/2009
days gone: 261


Left Usa: 04/22/2009
Returned: 05/25/2009
days gone: 33
-------------------

The problem too is she is 22 yrs old. She never worked a day in her life, so she has no work history or such. My parents still 100% support her financially.

Thanks for the help.

 

[sanjoseaug20]

But since 04/2005, she only took 3 trips out of the country, the problem is, one of them was more than 6 months. It was 10 months to be exact. this was back in 07/2008 to 04/2009. Does that reset her required 5 year continuos stay for her citizenship? Or can she apply This coming 04/2010 for her citizenship?

What was the purpose of this trip? What kinda of ties did she maintain with USA during these trips? Was she working when abroad? If not, how did she support herself during these trips? If yes, did she pay taxes in US?

If she is dependent on your parents, and IF they reside in USA, then one argument would be that her ties were never broken.

Anyway, 10 months is long time and the IO is likely to question. She will need to work to establish that she retained ties with US during this time.

 

[mmlo]

I just got my citizenship a few days ago, and this was my experience: I took a lot of trips the past 5 years and I nearly didn't make the physical requirement. One of my trips was for 7 1/2 months, and on the application one has to accordingly check "over 6 months" and provide an explanation for your trip, the last 5 years worth of taxes (i only provided the last 3, but brought the other two to the interview in case), and any other additional proof you didn't relinquish your us residency (I brought bank statements, and tax records).

During the interview I simply wasn't questioned on that "over 6 month" trip. Nothing. My trips *were* an issue, once I noted that I had two more business trips after filing for naturalization -- but they were an issue in that the additional two trips after filing actually put me outside of the physical requirement, which I wasn't aware counted. But in the end, after IO talked to two supervisors, they didn't count

My suggestion: just file the paperwork. She's 22, and nobody is going to expect a huge amount of proof from her, or taxes. She's still a kid. Worst case, you spent some money, effort, and nerves. Around her age, tons of people travel overseas for extended periods of time, to travel the world, and she's no different.

 

[Bobsmyth]

.. but they were an issue in that the additional two trips after filing actually put me outside of the physical requirement, which I wasn't aware counted.

Physical presence requirement must only be met up until you file application, not after. Sounds like your IO didn't realize this and had to have a supervisor verify it.

 

[mmlo]

Physical presence requirement must only be met up until you file application, not after. Sounds like your IO didn't realize this and had to have a supervisor verify it.

Good to know. He was pretty young He almost gave me a heart attack when he said he wasn't sure I met the physical requirements!

 

[Bobsmyth]

Here are the dates since 2004

Left Usa: 05/25/2004
Returned: 10/28/2004
days gone: 150


Left Usa: 11/06/2004
Returned: 04/15/2005
days gone: 159


Left Usa: 07/26/2008
Returned: 04/17/2009
days gone: 261


Left Usa: 04/22/2009
Returned: 05/25/2009
days gone: 33
-------------------

The problem too is she is 22 yrs old and a spoiled brat. She never worked a day in her life, so she has no work history or such. My parents still 100% support her financially.

Thanks for the help.

The back to back trips in 2004 and the 261 day trip in 2008 will be considered a break in continuous residency unless she can provide proof that she held sufficient US residency ties.

 

[sreeleshk]

4/18/2013 will be the turn around time for her to qulify, easy said, would be by the 4 year +1 day rule .

 

[Jackolantern]

She should apply in 2010 and see what happens. USCIS tends to be lenient with people who go outside the US for 6+ months to study and return soon after their studies are completed. The only thing to lose is the application fee and the time spent on the process, and it seems like her parents will provide the money for the fee.

 

[sreeleshk]

She should apply in 2010 and see what happens. USCIS tends to be lenient with people who go outside the US for 6+ months to study and return soon after their studies are completed. The only thing to lose is the application fee and the time spent on the process, and it seems like her parents will provide the money for the fee.

jack, if thats the case, wouldnt i have had qualified to apply eariler ?
i met the physical presence requirements earlier, in july ,( the time i spent aborad was for college too, if the time spent abroad for college can be counted towards continous residencey) . i have all the certificates to prove that i was doing college in india. Since i was a dependant till 2007, my dad (who lives in America, files his taxes reugularly) had been claiming myself as a dependant, isnt that enough to prove ties with america? if so assuming that i meet the 5 years rule cant i apply right now rather than waiting till the 3rd of february to complete the 4year +1 day rule criteria? please advise

++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++
02/20/2003 Became a permanent Resident (arrived in America).
05/24/2004 Left for native country (to continue with college).
02/27/2004 Arrived In America.
05/20/2004 Secured a Re-Entry Permit and Returned back to my native country to continue with my college.
02/02/2006 Arrived in America.
05/19/2007 Left America to native country.
11/08/2007 Returned to America
07/29/2008 Left to Native Country
10/16/2008 Returned back to America.
03/03/2009 Left to Native Country.
05/13/2009 Returned to America
++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++

I had stayed outside the country

279 days on my first trip.
623 days on my second trip.
173 days on my third trip.
79 days on my fourth trip.
77 days on my 5th trip.
++++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++
i

 

[redp]

My sister is financially dependent to my parents, and me and my dad US citizens for 4 years now and we work and live in the US. Does that help her situation?

 

[sreeleshk]

My sister is financially dependent to my parents, and me and my dad US citizens for 4 years now and we work and live in the US. Does that help her situation?

i am not trying to be a party pooper, am just relating the case to mine, coz all along i had thought that , i had to wait 4 years and 1 day after returning the trip exceeding 6 months,

in one way ur case is different as , i had been abroad for more than a year, yours is over 6 months and udner a year, that might make a difference, jack and bob really know these kinda things, so am waiting for their inputs


i was financially dependant on my parents, my dad is a citizen since '96. my sis and family are here. are these reasons to prove ties to america ?

 

[Jackolantern]

jack, if thats the case, wouldnt i have had qualified to apply eariler ?

If you leave the US for a year or more, it is automatic that you will be found to break continuous residence, unless you were deployed in the US military or had an approved N-470 to work overseas for a US corporation or government-related entity. So you have no choice but to wait until 4 years + 1 day after that 623 day trip, whereas you don't have to wait so long after the trips of under 1 year.

But when all the trips are all under 1 year, it is up to the discretion of the IO to determine continuous residence. That is where they are lenient towards students, but harsh towards people who go overseas to work for a non-US company.

i have all the certificates to prove that i was doing college in india. Since i was a dependant till 2007, my dad (who lives in America, files his taxes reugularly) had been claiming myself as a dependant, isnt that enough to prove ties with america?

Yes, being dependent on parents who live in the US and the fact that you were studying and not working or idling when overseas are facts that will help to influence the IO to make a favorable decision. But there is no guarantee.

i was financially dependant on my parents, my dad is a citizen since '96.

In that case, you may have already become a citizen automatically through the Child Citizenship Act. Were you living with your citizen father in the US on or after Feb. 2001, while being under 18 and having a green card?

 

[Jackolantern]

My sister is financially dependent to my parents, and me and my dad US citizens for 4 years now and we work and live in the US. Does that help her situation?

Yes, her young age and being dependent on parents living in the US would help. But there is no guarantee ... she should apply and see what happens. Was she under 18 when her father or mother became a US citizen?

 

[redp]

Yes, her young age and being dependent on parents living in the US would help. But there is no guarantee ... she should apply and see what happens. Was she under 18 when her father or mother became a US citizen?

Yes, but only my dad chose to become a US citizen. My mom is only has a GC.

*Nevermind, she was 19 at the time.

 

[sreeleshk]

In that case, you may have already become a citizen automatically through the Child Citizenship Act. Were you living with your citizen father in the US on or after Feb. 2001, while being under 18 and having a green card?

i didnt have a green card when my dad got naturalized, i was 16 at that time in 1996. my mom didnt naturalize, so i wouldnt be able to go for that option