Please Help!!! Would I be eligible for Naturalization?

hcd

New Member
Looking for your expert advice.

I am a US permanent resident since Jan 2005. The maximum stay in US during any given year since I had become US PR is ~11 months. Starting July 2007 I moved to Canada on inter-country transfer with temporary work permit (same employer but reporting to Canadian HR). Since then I have been visiting US regularly, visiting every 4 months or less (stayed ~110 days in US while living in Canada). I have been maintaining US accounts and filing taxes during all this time. I do not own any property in US, however using my friend's address for all accounts and immigrations correspondence.

Adding up the days I had physcically stayed in US before moving to Canada from the time I had become US PR and the days I had visited after moving to Canada it is coming to 30 months. In Oct 2009 it would be ~90 days before 5 year anniversary from becoming US PR. I am considering to move back to US 3 months prior to filing.

Would I be eligible to apply for Naturalization in Oct 09? Is there anything else I could consider besides what I explained to make my case stronger?

Please advice!

Thanks for taking time to read this thread.

Yours Sincerely,
hcd
 
Moving to and working in another country along with back to back trips to US every 4 months on LPR status will strongly presume a break in continuous residency. If you decide to file in October, you'll have to overcome this presumption by demonstrating US residential ties during the entire statutory period. This includes but not limited to US rental/mortgage agreement, US bank accounts, proof of immediate relative living in US, proof of US income taxes filed during the entire statutory period and letter from employer indicating that it was a temporary inter-company move with a set end date.
Whether your case will be approved depends on whether USCIS sees your proof as sufficient evidence to overcome the presumption of break in continuous residence.
 
Top