Overstayed 6 months.....

G

goro

Registered Users (C)
Hi,

I am GC holder. I overstayed 6 months outside of the USA due to 2 main reasons: 1)I met a woman and got married, 2)health problems. I did not plan to overstay, and never ever planned to abandon the USA but I had to overstay due to reasons above. I definitely will not be staying 1 year, I'm planning to go back soon
I entered the USA in September 2006, left in May 2008, came back September 2008, again left May 2009, hasn't come back yet.
I really worry now that I will have problems with naturalization. Some people say if you overstay 6 months the time resets and you again have to wait for another 5 years to apply for citizenship. Others say if you have mailing address, bank account, credit card, drivers license, filing taxes (all of them I do have) you should not have any problems when applying for citizenship.
I could not find anywhere the exact law regarding my situation so I need an advice from the person who REALLY knows about it.
 
This is true :
if you overstay 6 months the time resets and you again have to wait for another 5 years to apply for citizenship.

but you can still apply and see how it goes...
 
goro said:
I am GC holder. I overstayed 6 months outside of the USA due to 2 main reasons: 1)I met a woman and got married, 2)health problems.
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In the citizenship interview, don't mention the marriage as a reason why you stayed more than 6 months. Marriages are planned events, not something that happens by accident beyond your control. And getting married to somebody who lives overseas creates the impression that you are increasing your ties to somewhere outside the US (and therefore decreasing your ties to the US).

However, health issues are considered valid reasons for having an extended stay overseas, depending on the nature of the health condition and when it occurred. Get a note from the doctor, and gather other evidence such as bills from the hospital or lab.
goro said:
I really worry now that I will have problems with naturalization. Some people say if you overstay 6 months the time resets and you again have to wait for another 5 years to apply for citizenship. Others say if you have mailing address, bank account, credit card, drivers license, filing taxes (all of them I do have) you should not have any problems when applying for citizenship.
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The truth is somewhere in between. If you stay outside the US for 6 months or more, your citizenship eligibility is in jeopardy because it is presumed you have broken continuous residence and the burden of proof is on you to show enough evidence to convince the interviewer otherwise.

So your 5-year clock is not automatically reset, but it is not a "no problems" situation because you still have the problem of trying to gather evidence and hoping the interviewer will use their discretion to interpret it favorably.
I could not find anywhere the exact law regarding my situation so I need an advice from the person who REALLY knows about it.
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This is the exact law:
(b) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a), shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.
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The full text of that part of the INA can be found at http://www.theodora.com/ina_96_title_3.html. Scroll down to section 316.
 
another question that I have. How do they know if I stayed 1 month or 1 year? I mean, yes, they always ask for GC and enter it in their system when you enter the USA, but they never take GC or passport when you leave the USA. Of course, if needed there won't be a problem to find it out but still, what is the process of tracking?

and also, are the persons who overstay notified that they might face naturalization problems? or you won't know until you actually apply for a citizenship?

will the immigration or anyone else know that I'm married to the woman abroad if I don't show actual marriage certificate to anyone?
 
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goro said:
another question that I have. How do they know if I stayed 1 month or 1 year? I mean, yes, they always ask for GC and enter it in their system when you enter the USA, but they never take GC or passport when you leave the USA. Of course, if needed there won't be a problem to find it out but still, what is the process of tracking?

and also, are the persons who overstay notified that they might face naturalization problems? or you won't know until you actually apply for a citizenship?

will the immigration or anyone else know that I'm married to the woman abroad if I don't show actual marriage certificate to anyone?
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buddy, the know when u leave. they have airline flight lists and also entry stamps on your passport.
 
goro said:
will the immigration or anyone else know that I'm married to the woman abroad if I don't show actual marriage certificate to anyone?
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Probably not at the port of entry, if you don't mention it. But if asked about getting married, you better tell the truth or you'll have problems later when you try to bring her to the US.
 
thank you guys

nobody replied to this question:
and also, are the persons who overstay notified that they might face naturalization problems? or you won't know until you actually apply for a citizenship?
 
goro said:
nobody replied to this question:
and also, are the persons who overstay notified that they might face naturalization problems?
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No. However, some of them are told at the port of entry that their green card may be revoked if they take another long trip outside the US in the near future.

And when a green card holder stays outside the US too long, it is not called an "overstay". That is abandonment of residence, or breaking continuous residence. When you say "overstay" people think of somebody who had a nonimmigrant visa and didn't leave the US before their allotted time expired.
 
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well actually another reason I had to stay so long because I am abandoning my native country and planning to live in the USA from now on. I had to sell and even now keep selling my stuff, and preparing some documents before I leave........But I don't think I can somehow prove this case to anybody.

That is abandonment of residence, or breaking continuous residence.
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Yes, the law says like that. But I never abandoned it, nor ever planned to. I have all my money in the USA first of all.:) It is opposite, I am abandoning my country to live in the USA.
 
goro said:
I had to sell and even now keep selling my stuff, and preparing some documents before I leave........But I don't think I can somehow prove this case to anybody.
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If you have the paperwork to prove that you have sold major assets like a car or house or land during the 6+ month trip, that would definitely be useful.
I have all my money in the USA first of all.
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If you have the receipts to prove you have been transferring thousands of dollars from your country to the US during your long trip, that would also help.
 
goro said:
well actually another reason I had to stay so long because I am abandoning my native country and planning to live in the USA from now on. I had to sell and even now keep selling my stuff, and preparing some documents before I leave........But I don't think I can somehow prove this case to anybody.


Yes, the law says like that. But I never abandoned it, nor ever planned to. I have all my money in the USA first of all.:) It is opposite, I am abandoning my country to live in the USA.
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Sure you can try to tell them, but apart from selling a house, it will be hard to justify rest of the stuff taking 6 months to sell. Also, as Jack said try to show records of getting money into US to add to your story.
 
sanjoseaug20 said:
Sure you can try to tell them, but apart from selling a house, it will be hard to justify rest of the stuff taking 6 months to sell.
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True, but the goal is not really to prove it took 6 months to sell off everything; it's to show that the 6 months included activities to undo the ties to that country.
 
goro said:
another question that I have. How do they know if I stayed 1 month or 1 year? I mean, yes, they always ask for GC and enter it in their system when you enter the USA, but they never take GC or passport when you leave the USA. Of course, if needed there won't be a problem to find it out but still, what is the process of tracking?

and also, are the persons who overstay notified that they might face naturalization problems? or you won't know until you actually apply for a citizenship?

will the immigration or anyone else know that I'm married to the woman abroad if I don't show actual marriage certificate to anyone?
Click to expand...

At the ticket counter, they sometimes scanned your passport into the system. Also, they do check red flag if someone is wanted by police or fbi. Names on your flight manifest can be entered into system.

You have to disclose marriage certificate if you are officially married when you apply for citizenship.
 
johnamold said:
I think a consultant can better guide you after listening to you and in light of your documents.
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Yeah, sure, but realize why people come to visit this forum... to hear the opinions and experiences of others in similar situations.
Consultants/lawyers have their time and place, but many of them might not be as vested in the process as most in the forum here are... :)
So far I say the OP has been getting sound and knowledgeable advice (including the quote of the relevant rules), likely the same info a paid consultant would have come up with.
 
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