Should I attend N-400 citizenship interview or request to withdraw application?

S

SKhan_CP

New Member
Hi, I applied for citizenship June 2024 and during the five years I took multiple trips to Canada, some 2-3 months and some 4-6 months and one trip for 14 months. I was fully employed by NY company until dec.2021 and I was working remote during my absence. My company gave me remote option because of Covid restrictions. From 2022 to 2024 I have been self employed with no pay stub. With the exception of my physical absences, I have strong ties with USA. I have properties including my home, saved good amount in 401k, have two cars registered and insurance coverage and home insurance throughout last 5 years. My only problem I did not record my travel dates. I send multiple requests for FOIA but never got the information so I filed N-400 with incomplete travel information. I always travelled with my greencard and I am hearing that they have all the entry/exit which will not match mine.

So my question is would this be good to go for interview or just withdraw the case at this time. Thank you in advance.
 
Your 14-month absence would have broken the continuous residence requirement. If that happened in the last 5 years you wouldn’t be eligible to file N400 on a 5-year basis. (Can’t say for certain on what you’ve said but it’s possible you didn’t meet the physical presence requirement either.)
 
Fyi

Absence of 1 Year or More​

An absence from the United States for a continuous period of 1 year or more (365 days or more) during the period for which continuous residence is required will automatically break the continuity of residence. This applies whether the absence takes place before or after the applicant files the naturalization application.[19]

Unless an applicant has an approved Application to Preserve Residence for Naturalization Purposes (Form N-470), USCIS must deny a naturalization application for failure to meet the continuous residence requirement if the applicant has been continuously absent for a period of 1 year or more during the statutory period.
www.uscis.gov

Chapter 3 - Continuous Residence

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

and - you would have to calculate if you meet this, but if you’ve already broken continuous residence it won’t matter as you have to meet both requirements.

Physical Presence Requirement​

An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application
www.uscis.gov

Chapter 4 - Physical Presence

A. Physical Presence Requirement An applicant for naturalization is generally required to have been physically present in the United States for
www.uscis.gov
 
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