Too much days out of the US - Problem with Naturalization?

R

renadele

New Member
Hi All,
I have been an LPR for 10 years now, since 2000, and am preparing for naturalization. My problem is that on my first 5 years, I have incurred so much days out of the US primarily because I set up a business in the Philippines. I did apply and received Permit to Re-enter the US that was effective from April 26, 2001 to April 26, 2003. I was absent from the US for the following periods:
07/11/00 - 07/22/00 : 11 days
12/07/00 - 01/06/01 : 30 days
04/12/01 - 10/09/01 : 180 days
11/02/01 - 10/28/02 : 360 days
11/18/02 - 09/10/03 : 296 days
02/08/04 - 11/01/04 : 267 days.

Also, with no income, I did not file my Federal Income tax return for 2003. My prolonged stay in the Philippines was caused by my efforts to grow and eventually save my floundering business. Since returning back in 2004 and to date, I have been out for only 15 days in 2006.

My apprehension is this: will my excessive absence cause me problems in my naturalization? Will USCIS consider me abandoning my permament residency? Should I consult a lawyer?
Thank you for any help you could extend.
 
Well, first of all, they let you back into the U.S. on your greencard following your last long absence and even your longest absence was less than one year so, you did not abandon your LPR status, no CBP Officer got you to complete a form I-407 to document an abandonment/relinquishment of status. That is a done deal, completely settled, ancient history, forget about it.

Secondly, your last long absence did break your continuity of residence for naturalization purposes and restarted your clock for becoming eligible for naturalization.

The good news is that you were not required to accumulate a new five years of LPR status since returning in 2004. Under 8 CFR 316.5(c)(1)(ii) you only have to wait four years and one day to file an N-400, if otherwise eligible. That means you became eligible to file on 11/02/2008.

As for taxes, you do not have to file if you don't make enough money. Besides, that is now outside your statutory period which is calculated backwards from the filing date of the N-400 for most things. Your naturalization statutory period continues until you swear to the oath at a ceremony, so avoid any negative incidents after filing.
 
renadele said:
My apprehension is this: will my excessive absence cause me problems in my naturalization? Will USCIS consider me abandoning my permament residency? Should I consult a lawyer?
Thank you for any help you could extend.
Click to expand...
A reentry permit is used to preserve permanent residence for travel over 1 year. Since you had a permit, your permanent residency was preserved.
As for your excessive absences, they are outside of the 5 year statutory period and therefore don't count against physical presence or continuous residency.
 
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