Stay outside USA duration between 6 and 12 months

N

nat_applicant

New Member
Hi everyone,

I became a Legal Permanent Resident in Aug 2003. Since then I had to stay outside USA for a period of 11 and 9 months in the year 2003-2004 and 2004-2005 as I was finishing undergraduate education oversees. I have constantly resided and worked in the USA since June 2005.

So I meet the physical requirement condition to apply for citizenship. Also according to the naturalization eligibility worksheet I am eligible as I have never stayed outside the country for more than an year.

However I have been told I will have issues because of my stay longer than 6 months during which I had NO house/apartment or an income in US.

My questions:
1. Should I file for naturalization or should i wait?
2. Will waiting help or will this always be an issue?
3. How can i avoid any trouble at the interview (whenever i apply)?
 
OP File based on the 4 years 1 day rule and you should be fine. Sine your permanant entry back to the US was June 2005 you are eligible to file June 2009. Your trips of 11 and 9 months will not be an issue as they fall outside of the window. But make sure you specify the 4 years 1 day rule in the N400.
 
I am under the same impression that 4 years+1 day rule applies to trips exceeding 1 year.

Also where should I specify 4yrs+1day on my application? As an addendum or cover letter?
 
If you wait until March 2010 (5 years minus 90 days since the last long trip ending in June 2005), those trips will be out of the picture and won't matter any more.

Otherwise, if you apply now, you are presumed to have broken continuous residence during those trips and will have to provide evidence to counteract that presumption, which may be difficult to do if you had no house or apartment in the US during that time.

Ultimately, continuous residence is a subjective thing that depends heavily on the IO's discretion and we can't predict what the IO will decide. You just have to ask yourself if you are willing to risk the $670 to apply now, or wait until March 2010 so those trips won't affect your eligibility.
 
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Hello everyone,
I need some help in understanding the 6 month travel deadline. My wife was in India last year and she had problem with her Indian passport renewal in India. Due to that, she had to stay back in India for little over 6 months (183 days to be precise). I was wondering if this would cause any problem with her N-400 application? When I went thru the “guide to Naturalization” (M-476), on 52nd page (Naturalization Eligibility Worksheet), I see that even though you are out of the US for more than 6 months at a stretch, as long as you here in the US for more than 30 months with in the past 5 yrs, you are safe. Is that true?

Also, in the past 5 yrs, over all she was out of country for 400+ days? Will that matter? Is it going to affect her citizenship approval?

Can some one please answer my question?

Thanks in advance.
 
vmadhu said:
Hello everyone,
I need some help in understanding the 6 month travel deadline. My wife was in India last year and she had problem with her Indian passport renewal in India. Due to that, she had to stay back in India for little over 6 months (183 days to be precise). I was wondering if this would cause any problem with her N-400 application? When I went thru the “guide to Naturalization” (M-476), on 52nd page (Naturalization Eligibility Worksheet), I see that even though you are out of the US for more than 6 months at a stretch, as long as you here in the US for more than 30 months with in the past 5 yrs, you are safe. Is that true?

Also, in the past 5 yrs, over all she was out of country for 400+ days? Will that matter? Is it going to affect her citizenship approval?

Can some one please answer my question?

Thanks in advance.
Click to expand...

Since she stayed outside the US for more than six months, she will have presumed to have broken continuous residency requirement and she will have to prove that she did not intend to abandon her residency in the US.
 
What kind of documentation do we need to provide to prove it? Tax filings (joint) for the past 5 years...will that be sufficient?
 
vmadhu said:
What kind of documentation do we need to provide to prove it? Tax filings (joint) for the past 5 years...will that be sufficient?
Click to expand...

The proof of burden is upon her to clearly demonstrate that she did not intend to abandon her primary residence here in the US. So yes copies of last 5 years transcripts, mortgage payments, utility payments are the best bet in her case to prove otherwise.

As long as the trips comprising those 400 days were not back to back she should be fine.
 
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With reference to "Vmadhu's" case, I have a question.

Are ONLY the trips (particularly longer than 6 months) in the last 5 years before application considered when considering continuous residence?

Because in my case I had two trips > 6 months which were immediately after getting LPR but not in the last 4 years. I intend to wait until 4 years 9 months + before applying but I am wondering if the prior trips would still be considered as abandoning residence in US
 
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