Naturalization obstacles if out of country alot?

[FrankBooth 0]

Hi,

It's been a while since I've been here. My mother, came to US in 1975. She lived here more or less continuously until the 90's. Then she started having longer and longer stays out if the country, none over a year, but many over 6 months.

I've read in some places that you must live with uninterrupted absences or at least very short absences from the US for at least 5 years. Is this actually the case?

Anyone had any experience with this sort of situation and can any sort of waiver be gotten? My mom would like to get her citizenship now and not have to wait 5 years.

Thanks for any advice!

--FB

[Boiler 44,857]

A Guide to Naturalization (Form M-476)

Worth a read.

[Kathryn41 3,205]

Here is the link to the Guide to Naturalization: http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Your mother has to meet physical presence and continual residency requirements. They allow her to be outside of the US no more than a certain number of months during the qualifying 5 year time period and with no visits outside of the US lasting more than 6 months in the same 5 years. Every time she has a visit outside of the US for more than 6 months she re-sets the continual presence clock back to zero. So, go back to her last trip of longer than 6 months duration and start your timing from her return to the US. That will give you an idea of how long she needs to be in the US to qualify for citizenship. The Guide contains a chart near the end that breaks down the exact requirements in detail so you should be able to calculate when she qualifies. From now on, she needs to make sure she is not outside of the US for more than 6 months - she can have trips of shorter duration - and then see how many months she needs to be in the US to meet the physical presence requirement. It may be less than 5 years depending on when her last 6 month plus trip took place.

Edited February 22, 2010 by Kathryn41

[nigel 7]

Here is the link to the Guide to Naturalization: http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Your mother has to meet physical presence and continual residency requirements. They allow her to be outside of the US no more than a certain number of months during the qualifying 5 year time period and with no visits outside of the US lasting more than 6 months in the same 5 years. Every time she has a visit outside of the US for more than 6 months she re-sets the continual presence clock back to zero. So, go back to her last trip of longer than 6 months duration and start your timing from her return to the US. That will give you an idea of how long she needs to be in the US to qualify for citizenship. The Guide contains a chart near the end that breaks down the exact requirements in detail so you should be able to calculate when she qualifies. From now on, she needs to make sure she is not outside of the US for more than 6 months - she can have trips of shorter duration - and then see how many months she needs to be in the US to meet the physical presence requirement. It may be less than 5 years depending on when her last 6 month plus trip took place.

Nope...

6 mths but less than 1 yr...."Disrupts" continual requirements....."stops the clock"

Outside more than 12 mths ...."Re-sets the clock" (Clock goes back to zero)

Outside for more than 12 mths, even with a re-entry I-131 .....Re-Sets 4yrs 1 day....5 yr Rule....30mths of the last 5 yrs must be physical in the us.

Outside for more than 6mths but less than 1 yr ......."Disrupts" continual residency requirements ...Under the 3yr rule & 5 yr Rule..18mths of physical presence must be required under the 3 yr rule...

Now...just because she was outside the us for more than 6 mths but less than 1 yr......If she can prove that she kept a us residency "Home", payed and filed IRS taxes, maintain us bank accounts, ect... this "may" help her out if she where to file now...

Bottom line is..she must show that she didn't intend to abandon her LPR Stauts at anytime over the last 5 yrs....

[Brother Hesekiel 2,235]

That's the very first time I saw Superwoman make a mistake. She is a human being, yeayyyyyy!

[lucyrich 20]

Nope...

6 mths but less than 1 yr...."Disrupts" continual requirements....."stops the clock"

Actually, the law says that a period of 6 months to one year outside of the US will break the continuous residence for the purpose of naturalization unless the applicant can demonstrate to the satisfaction of the attorney general that it did not break the period of continuous residence. Naturalization normally requires five years of continuous residence (three years for many VJ'ers who are married to a US Citizen, but I assume that doesn't apply to this thread), and this period cannot be broken.

The M-476 phrases the requirement as "5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer." See M-476 page 18, top row of the table. It's not just that a trip of 6 months or longer stops the clock for awhile, but that it means you have to start the five year period over. But the M-476 doesn't tell the whole story about the possibility of providing proof to the satisfaction of the Attorney General that a trip of six months or more didn't actually break continuous residency.

INA 316( b ) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a) , shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period.

8 CFR 316.5( c ) Disruption of continuity of residence—(1) Absence from the United States—(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

[nigel 7]

If the OP has been a LPR since the 1975, there is a good chance that she may can establish strong ties to the us such as..

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

[Brother Hesekiel 2,235]

I should have known it. Superwoman doesn't make mistakes . . .

Edited February 22, 2010 by Just Bob

[M.O 6]

[nigel 7]

I should have known it. Superwoman doesn't make mistakes . . .

Nope Just Bob....

There is still a difference in the word "Disrupt" and "break" even though the immigration laws put them 2 words in the same context...

I've myself has spoken to several lawyers and 2 of them have'nt a clue.....and one lawyer i spoke to who is special in this department (Abandonment issues) he also said that yes..the wording is mixed up but there is a difference..

Again...outside for 6mths but less than a year..."May Disrupt" notice the word "May" given you the chance to prove continuity of residence which if so

then the O.P given that she has been a LPR since 1975 may show strong ties to the us..

Now if she is outside the us for more than 12mths.....yep..game over ...re-sets the clock to the start...unless the O.P has filed a re-entry permit I-131

then it be 4yrs and 1 day Rule.....for the 5 yr rule..

3yr rule...with a re-entry permit filed will be 2 yrs and 1 day...

[lucyrich 20]

Nope Just Bob....

There is still a difference in the word "Disrupt" and "break" even though the immigration laws put them 2 words in the same context...

I'm curious. What is the difference between "Disrupt" and "break" in the context of continuous residence for naturalization purposes?

Note that the law uses both "disrupt" and "break" to describe what happens to your continuity of residence when you're out of the country for a period of 6 months to one year, assuming you can't prove that you maintained continuity during your absence.

[warlord 72]

The general thing with absences is that anything over 6 months it will be up to the person to prove to the IO that they did not a) break continuous residency and b) they maintained US residency. This means the trip outside the US has to have a resonable purpose (like taking care of a sick relative etc).

They will check if the person did many trips back to back with short times back in the US which will break the residency, they will check if the person maintained a home and bills etc in the US while they were away, they will check if the person was working outside of the US.

Anything under 6 months away it will be the IO that will have to prove that someone has broken continous residency or broken US residency period.

Just by reading the initial post, many trips in the past 5 years out of the US will surely be denied. If it's many trips outside the the US with only a few weeks or months back in the US before another long trip repeatedly, there's a chance they may even revoke the Green Card status which they have the right to do.

Main thing is it's not always the duration of the time that is the issue with these cases, it's the nature of the these trips they are interested in. Many people have actually been ok with taking a trip over 6 months before, others have been denied for under 6 months. It all depends on the strength of the evidence. Your mother will need a lot of hard core evidence to prove that she was not breaking continous residency and prove that she has not abandoned her Green Card either with these trips...

[nigel 7]

The only Person who can Revoke ones P.R is a I.J ..Not "they" USCIS

You are a P.R until a I.J says otherwise...