US citizenship qualified?help please

Y

Youknowyoulow

New Member
My family and i migrated here in the US in 2005 i believed and i jist recently appplied citizenship in december. Im currenltlu waiting for my interview on may 29th , and i already recieved the letter that my interview is on that day. So my concern is ive been goinng to the philippines to study for the last 3-4 years. I usually stay there for about 10 months but never a year or more . But before that i have stayed here in the US for 5 straight years without leaving the country. So i was wondering am i still qualified for my citizenship. Do i have to wait another 5 yrs again? Help pls
 
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You need "continuous residence" for the last 5 years. A trip abroad of more than 6 months is presumed to break "continuous residence". For trips of between 6 months and 1 year, it might be possible to overcome the presumption of breaking continuous residence, but it's not easy and the burden is on you to prove it. What happened more than 5 years ago doesn't matter. See http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html
 
So, you stayed out for 10 months at a time for the last 3-4 years? It could go either way for you since you were a student. Take proof of this, and also get a letter from your parents saying they financed your studies, and that you had access to their home at all times (i.e., your family home in the US). You might be hassled, so get ready for that. And, a denial wouldn't be out of the ordinary. Your 5 years continuously before your studies do not matter much. Also, did you have a re-entry permit?
 
If you have made three trips of over 10 months each within the last three years, then you would be unable to satisfy the physical presence requirement, which is separate from the continuous residency requirement. The physical presence requirement is absolute and cannot be waived just because you were a student.
 
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