Physical Requirement: Absence >6months <1 year

T

thewildleo

Registered Users (C)
Hi,
I am newbie and was wondering if someone could help. I have been going through the forums but couldnt find a definitive answer. Here is my situation:
GC received 8/12/03- Left US till 24/5/04.
24/5/04-20/5/07- was in school in the US. During this time left the US for a total duration of 90 days for periods between 20-40 days during the school vacation.
21/5/07- Had to transfer school to India.
from 21/5/07- till date absence from US
21/5/07-7/11/07 (167 days)
17/11/07-6/3/08 (109 days)
9/3/08-11/9/08 (185 Days)

Questions:
Can I apply for naturalization in March 2009 (5 years-3 months)?
My absence of 185 days was due to school AND serious illness in family. Will it be possible to explain this to IO ?

Thanks a lot
 
You have a chance, as they are often lenient towards people who are abroad for school. However, it looks bad that you only spent 10 days and 3 days respectively between the trips. Ultimately it will be a subjective decision at the discretion of the interviewer. Before applying, you should wait at least 6 months after your last long trip, preferably a year, in order to create a better impression that you're serious about residing in the US.
 
thanks for the reply.
If your application is denied at the interview stage for this reason (out for >6months) does it negatively affect the next time you apply ?
 
thewildleo said:
thanks for the reply.
If your application is denied at the interview stage for this reason (out for >6months) does it negatively affect the next time you apply ?
Click to expand...
Denials for breaking the physical presence or continuous residence requirements are not counted against you the next time. But there might not be a next time if you were outside the US for a ridiculously long time without authorization (i.e. significantly more than a year straight without a reentry permit or SB-1), because they can revoke the card for that reason.
 
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