Proving he did not abandon residency in the US

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briannegenevieve

New Member
Hi, USCIS is requesting evidence that my husband fid not abandon his residency in the US because he overstayed for 212 days.

My husband had resigned to this work in the US and went back to our country with an intention to study. He even had a reentry permit to the US. But, he failed to study because of Covid and he also failed to come back to US right away because of the lock down. By the end of his stay here, we got engaged and got married before he goes back to the US. How can we prove he did not work here if he doesn’t even have any bank account here or even social security here?

Thank you for your advice.
 
briannegenevieve said:
Hi, USCIS is requesting evidence that my husband fid not abandon his residency in the US because he overstayed for 212 days.

My husband had resigned to this work in the US and went back to our country with an intention to study. He even had a reentry permit to the US. But, he failed to study because of Covid and he also failed to come back to US right away because of the lock down. By the end of his stay here, we got engaged and got married before he goes back to the US. How can we prove he did not work here if he doesn’t even have any bank account here or even social security here?

Thank you for your advice.
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More details needed. How long was he out of the US for? (Not sure what “overstay” by 212 days means). When did his re-entry permit expire and when he did he (try to?) go back to the US? What ties did he maintain in the US while he was out of the country (home, bank account?, you already said he resigned his job)? Where is he now? Do you want this proof for a citizenship application? Note that a re+enyty permit protects your green card entry for the duration, but it does not get around the physical presence and continuous requirements for citizenship.
 
SusieQQQ said:
More details needed. How long was he out of the US for? (Not sure what “overstay” by 212 days means). When did his re-entry permit expire and when he did he (try to?) go back to the US? What ties did he maintain in the US while he was out of the country (home, bank account?, you already said he resigned his job)? Where is he now? Do you want this proof for a citizenship application? Note that a re+enyty permit protects your green card entry for the duration, but it does not get around the physical presence and continuous requirements for citizenship.
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sorry, he did not overstay 212 days. It was 32 days only. As soon as he had his rentry permit, he went to the Philippines and stayed here for 7 months. His US bank account was still open, but no money was going in. Was not able to study during that time, and was not allowed to leave the country due to the pandemic. His father who petitioned him before was still in the US and is now a citizen. His mother and other siblings are also in the US. before he left he was living with his father in an apartment and still does up to present.
 
Ok, so he was out for longer than 6 months but less than a year, which means he is able to rebut the presumption of breaking continuou residence if he can provide proof of that. Did he return to the US as soon as lockdown was over? If so he should get some evidence of when lockdown was lifted, as well as show he maintained ties to the US - unfortunately, resigning his job before he left works against that. ( I know someone who was able to get citizenship in similar circumstances, except that they kept their job. They did return to the US as soon as flights became available. )

This is from the USCIS manual (by the way, the point about intent is why the reentry permit is not relevant for this)

1. Absence of More than 6 Months (but Less than 1 Year)​

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.

An applicant’s intent is not relevant in determining the location of his or her residence. The length of the period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted the continuity of his or her residence.

However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. Such evidence may include, but is not limited to, documentation that during the absence:

  • The applicant did not terminate his or her employment in the United States or obtain employment while abroad;
  • The applicant’s immediate family members remained in the United States; and
  • The applicant retained full access to or continued to own or lease a home in the United States.

www.uscis.gov

Chapter 3 - Continuous Residence

A. Continuous Residence RequirementAn applicant for naturalization under the general provision
www.uscis.gov
 
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