Traveling after GC and before citizenship?

[libiman]

After I got my GC I traveled extensively outside us. I was out 3 times for around 6mo each time, and maybe last time might have been more than 6mo. After that in the last two years have traveled out no more than 2mo.
Will I have potential problems? I have filed taxes each year but made very little money.

 

[sanjoseaug20]

If you had back to back trips, they are more of a problem. Trips longer than 6 months can be questioned, as well as back to back trips even if they fell just short of 6 months.
If you can provide the US entry/exit dates or the duration/gap of the trips, that will help.

 

[libiman]

I had about 4 months between each trip outside. The last trip was actually around 7 months two years ago.

 

[zenoparadox]

You should consult the Guide to Naturalization. As far as time requirements go, you need to:

a) have been a permanent resident for a certain number of years (depending on how exactly you apply),

b) have a certain number of months of continuous residence and

c) have a certain number of months of physical presence inside the US.

The guide explains how to determine whether you meet each of these requirements. The first requirement is easy to figure out because it just depends on when you got your green card. However, b) and c) depend on each trip you took outside the US and how long these trips lasted. One thing the guide says is that if you have been on a trip outside the country over 6 months but under a year, you can demonstrate that you did not intend to abandon your residency in the US. You demonstrate this by filing additional documentation showing that you still had ties to the US. Tax filings, mortgage, rent, utility bills, etc. can be used for this. Do read the guide. The details are on page 22-24 in my edition of the guide.

 

[BigJoe5]

You would do yourself a favor by reading 8 CFR 316.5(c)(i) and (ii).

As far as overcoming the rebuttable presumption of having disrupted residence for naturalization purposes goes:

You had lttle income, so how did you maintain a residence in the U.S.?

How did you support yourself abroad?

Where was your immediate family?

You can get around that evidence problem by waiting 4 years and 1 day after returning from your last long trip of 7 months before applying. (If applying based on marriage to a USC, it is 2 years and 1 day).

 

[libiman]

Thanks for the help.
I have read the Guide, by the book I am ok. I have tax transcripts and even rent slips for a lot of the time, not all.
But I am asking if anyone had real life experinec ewith such an issue.

I worked a seasonal job every summer, sold some stock investments, and used my saving from my previous job to pay for my life. My payroll income was not enough to support myself.

 

[zenoparadox]

But I am asking if anyone had real life experinec ewith such an issue.

I was out for 8 months at some point to do research abroad since it is a requirement of my Ph.D. program. I provided tax transcripts as proof that I did not abandon my residency. During the interview, the IO was confused about the rules regarding continuous presence. (She was flat out contradicting the Guide and the law cited by BigJoe5.) She said she'd have to verify the rules. I've received a request for evidence after my interview but it had nothing to do with my 8 months abroad so I am assuming that I have satisfied this requirement with my tax transcripts since she has not asked for any more evidence regarding this.

I had prepared myself to provide more proof if needed. My wife (a US citizen by birth) stayed in the US while I was abroad. We own our house, etc. So I gathered paperwork. However, the IO did not ask for any of it.

But each case is different. You may give your tax transcripts but the IO might see something in your case which raises some doubts in the IO's mind and may ask for more evidence.

 

[BigJoe5]

zenoparadox had a valid reason to be abroad due to a PhD program requirement and his family remained in U.S and owns a home in the U.S. It appears qualitatively different. z also only cites one long trip. OP cites 3 long trips and then indicates no more than 2 months but is that "at a time" or "all together"?

The interviewer's initial confusion in z's case was probably cleared up by discussing the case with a co-worker or supervisor with more experience.

libiman, you have dealt with immigration officers before, put yourself in their position and look at your qualifications. How would you decide the issue and what would be your justification to your supervisor for your decision?