Physical Residency and long trips abord before interview

K

keith123

Registered Users (C)
Hi everyone,

I found this board not too long ago, it is very helpful and I have come here reading almost every day.

After reading other people's experience, I have some doubt about my case.

1. I have GC for 4 years 9 months, always stayed in the same county (San Francisco) excepted minor short vacation trips. It is time for me to applied for GC now, however, due to family reason (take care my relatives, I am single, my parents live aboard), I went aboard 3 MONTHS ago. Is that broke my physical residency? I called INS several times before, they said since I already a resident of San Francisco, don't need to PHYSICALLY stay for 3 months prior to apply naturalization. But I got a different(mix) impression after reading messages on this board. Can you please advise me?

2. I probably need to stay aboard for another half year. Not for employment but to take care family members (grandma, I am single). I plan to come back 1 week for FP, then after family is taken cared, I will come back and find a new job. In this case, If I come back before interview and maybe start a new job before interview (according to current schedule, I probably come back 1-2 months before interview), what is my chance to get naturalized?

Thank you!
Keith
 
keith123 said:
Hi everyone,

I found this board not too long ago, it is very helpful and I have come here reading almost every day.

After reading other people's experience, I have some doubt about my case.

1. I have GC for 4 years 9 months, always stayed in the same county (San Francisco) excepted minor short vacation trips. It is time for me to applied for GC now, however, due to family reason (take care my relatives, I am single, my parents live aboard), I went aboard 3 MONTHS ago. Is that broke my physical residency? I called INS several times before, they said since I already a resident of San Francisco, don't need to PHYSICALLY stay for 3 months prior to apply naturalization. But I got a different(mix) impression after reading messages on this board. Can you please advise me?
Click to expand...

Taking temporary trips does not affect residency is a state, so no, you do not need to wait 3 more months.

keith123 said:
2. I probably need to stay aboard for another half year. Not for employment but to take care family members (grandma, I am single). I plan to come back 1 week for FP, then after family is taken cared, I will come back and find a new job. In this case, If I come back before interview and maybe start a new job before interview (according to current schedule, I probably come back 1-2 months before interview), what is my chance to get naturalized?

Thank you!
Keith
Click to expand...

Please realize you will be going abroad for an extended stay at a very critical time of your naturalization, so be very careful if you quit your job as it could demonstrate the wrong sort of intent to the IO. If I were you, I'd try to take a leave of absence or work out some arrangement with my employer so that I could make it very clear I was only intending to be abroad temporarily.
 
Thank you for the advice.

Regarding employment, I already quit 3 months ago when need to go back to take care family member. Nonetheless, I will be back around 5-6 months later and looking for job immediately. Hopefully, I will be working by the time of interview.

Although leave for about 9 months, I keep bank account, credit card bill, local residence, tax filling, and be back every 2-3 months. What is my chance of naturalization? Please advice.
 
Do whatever you can to make it look like you have no intention of abandoning your residence. Consider applying for jobs while you are away (and maybe even getting an interview while you are back in town). Bring copies of the applications with you.
 
Having a job is only important in as far as it help establish you are a bona fide resident of the US. People naturalize quite successfully while unemployed, so of itself, employment is not an eligibility criteria.

In you situation, I'd be looking to keep copies of medical letters showing why you are overseas to help with the sick relative, as well as lease/mortgage payments made on your US residence while you are away. Other stuff like auto loans, financial accounts are helpful, but carry less weight.
 
As a general rule, if you're gone up to 6 months, its up to INS to prove you abandoned your GC. If you are gone 6-12 months its up to you to prove to INS that you did not abandon your GC. And finally if you are gone over a year, INS pretty much assumes you have abandoned your GC and you really have to work extra hard to try and convince them with a lot of proof why you should still be able to remain on the Green Card.

So as mentioned, you will be in that area where you will definatly have to prove you have all intentions of reamining in the US and this was only a temporary thing etc...
 
keith123 said:
If I didn't get a job by the time of interview, am I screwed?
Click to expand...
My point wasn't that you need a job, my point is that you need to show that you intend to stay resident in the US. If you quit your job to care for family, but maintain active ties to the US (for example, trying to get a job in anticipation of your return), it shows that your intent is to return and not abandon your residency.
 
Flydog/Boatbod/Warlord,

Thanks for the reply.

Besides loan/financial statement and future new job in US, maybe I can get a english version of relative medical statement, what else help proof my intention to stay in US? Do you guys know what other people, who in the similar situation and got successful naturalized, proof their residence?

Thanks,
Keith
 
keith123 said:
Flydog/Boatbod/Warlord,

Thanks for the reply.

Besides loan/financial statement and future new job in US, maybe I can get a english version of relative medical statement, what else help proof my intention to stay in US? Do you guys know what other people, who in the similar situation and got successful naturalized, proof their residence?

Thanks,
Keith
Click to expand...

As far as I recall, they typically had copies of medical bills, letters, and the stuff already mentioned.

Note: your chances of success start out pretty good, and decrease the longer you exceed the 6 month threshold. I'd estimate 6-8 months is achievable, 9-10 months is getting iffy, and 10-12 months would be miraculous.
 
hi keith,
i suggest you search for a boarder by name obongo...he was in the same scenario as u are in right now...he infact got his citizenship...plz go through his postings..
as far as i know u shouldnt have a problem with citizenship as long as u r not out of the country for more than 6 months/have no criminal records and most imp of all paid taxes on time...
hope this boosts ur confidence a bit,nothing to worry as of now...plz go through his posts...
best of luck

keith123 said:
Hi everyone,

I found this board not too long ago, it is very helpful and I have come here reading almost every day.

After reading other people's experience, I have some doubt about my case.

1. I have GC for 4 years 9 months, always stayed in the same county (San Francisco) excepted minor short vacation trips. It is time for me to applied for GC now, however, due to family reason (take care my relatives, I am single, my parents live aboard), I went aboard 3 MONTHS ago. Is that broke my physical residency? I called INS several times before, they said since I already a resident of San Francisco, don't need to PHYSICALLY stay for 3 months prior to apply naturalization. But I got a different(mix) impression after reading messages on this board. Can you please advise me?

2. I probably need to stay aboard for another half year. Not for employment but to take care family members (grandma, I am single). I plan to come back 1 week for FP, then after family is taken cared, I will come back and find a new job. In this case, If I come back before interview and maybe start a new job before interview (according to current schedule, I probably come back 1-2 months before interview), what is my chance to get naturalized?

Thank you!
Keith
Click to expand...
 
You must log in or register to reply here.
Top