Quick question on US citizenship

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cbamidimarri

Registered Users (C)
I have a quick question on US citizenship. Please reply ..

I am a Permanat Resident Since 19-Aug-2004. After I received my GC, this is my stay in USA (other times, I was in India due to Job, Personal work, family / vacation etc.)
My stay in USA in days:
Year 2004: 132 days (After the GC has been approved)
Year 2005: 80 days (Stayed in India for almost 11.5 months - March 21, 2005 to March 11, 2006 - No issues when entered back into US - just couple of questions asked ...)
Year 2006: 289 days
Year 2007: 261 days
Year 2008: 300 days

So in all, I have lived in us for about 1062 days (about 35 months).

When can i send my N-400 applciation (Keeping in mind my 11.5 months stay away from USA).Can i still go ahead and file after May 2009 (3 months before end of 5 years?)

Thanks a Ton
 
I don't think so. It seems to me that you clearly broke continuous residence requirements on the year 2005. I think the rule is to wait four years and one day after your return from your 2005 trip, which was on March 11, 2006. If that is the case then it seems you would have to wait until March 12, 2010 (you might want to wait until March 14 or 15 to be sure there is no close scrutiny about the exact day of filing). I am sure others can give you more details.
 
Hi

Thanks for the reply. What would happen in case if we file it early? Do they send it back or reject?

Thanks
Babu
 
cbamidimarri said:
Hi

Thanks for the reply. What would happen in case if we file it early? Do they send it back or reject?

Thanks
Babu
Click to expand...

Please see this from USCIS site as one of requirements of filling N400.

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

If you see the bolded section, your N400 will not get denied nor will it get sent back, but you will be denied at the interview if you fail to establish your continued residency during 2005.
 
Because your break will be of continuous residence it is most likely that it won't be detected at time of data entry, but at time of interview, so you would lose money and time :( The only good thing is that it would most likely/surely denied without prejudice, i.e. it won't affect you when you apply again down the road. You might try to apply and see if you convince the IO during interview to not consider that as breaking your continuous residence. I don't want to give you hopes, but if you have money to spare and want to try there is not much you would need to worry about as consequences of your probably failed application.

My 2 cents.
 
cbamidimarri said:
Then can i send my N-400 applciation (Keeping in mind my 11.5 months stay away from USA).Can i still go ahead and file after May 2009 (3 months before end of 5 years?)
Click to expand...
You can try, just be aware that you may be wasting your money. If you go ahead and decide to apply in 2009, make sure you have extensive documentation to take to the interview (utility bills, lease/mortgage/US bank statements/etc.) related to the 11.5 month period when you were outside the US, as the burden of proof is now on you to show that you maintained US residence during that time.
 
Did you maintain your residence (either house or apartment) during the year 2005? If so, can you prove it by way of documentation (utility bills, mortgage payements, lease agreement docs etc.)? If the answer to these two questions is YES, then you have a shot at convincing the interviewing officer that you did not abandon your residence and not broken the continuous residence requirement. There is no harm in applying in May 09. At the most you may loose the fee if they deny your application because they are not convinced that you did not break the continuous residence requirement. BTW, you mentioned that you lived in the US for 80 days in 2005 and also mentioned that you lived in India for 11.5 months. How is that possible? Did you make short trips back to the US within those 11.5 months?
 
mpotturi said:
BTW, you mentioned that you lived in the US for 80 days in 2005 and also mentioned that you lived in India for 11.5 months. How is that possible? Did you make short trips back to the US within those 11.5 months?
Click to expand...
If you reread the first post you'll notice that the 11.5 months trip wasn't entirely contained in 2005.
 
Query on N400

Do I have to be physically present in the US from the time of filing N400 till the interview date ? (besides for FP of course)
Is there any rule that I cannot travel out of the US till the time of Interview or Oath ?
 
You can travel during the process as long as it doesn't interfere with your continuous residence requirement.
 
Thanks guys for your replies - you all rock.

I am a Permanat Resident Since 19-Aug-2004, but I was away in India for about 11.5 months - March 21, 2005 to March 11, 2006. Assuming that I have broken the continuous residence requirements in year 2005, when can i file my N400.

Do I have to wait for 5 years from March 11,2006 or is it ok if i wait for 4 years and then apply as this is the return from a long absence?
 
Thanks for your reply

By applying 4 year 1 day rule in my case from March 11,2006 - it would be March 12, 2010. By then i would have completed my 5 years as permanant resident, becuase I was a PR from 19-Aug-2004.

Question really is: can i go for 4 year 1 day rule as i was away for 11.5 months?
 
The language of 8 CFR 316.5(c)(1)(ii) states that the 4 years plus 1 day rule can only be used for absences from the US of more than 1 year.
 
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