denied for being outside the country more than 6 mos but less than 1 year

[happypuppy 0]

[size="3]i will have my interview this coming MAY. I just want to know my chances of getting my application approved. I had been out of the country for a total of 9 months because I got married. I maintained my bank account here in the US, filed my taxe and retained my apartment. Do you know anybody who got denied because they stayed more than 6 months outside US but less than 1 year? Does anyone here got their application approved even if they had similar situation as I do? Please share your stories as it will help me uplift my spirits. thank u thank u~![/size]

[Chica Yeyé 41]

Google "maintaining permanent residence". I believe if you remain for more than 6 month outside the US without some sort of special re-entry permit, you are not a permanent resident anymore; hence not eligible to even file for citizenship.

Give folks more details so they can help you better.

good luck.

[Chica Yeyé 41]

From the USCIS website:

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

[happywifeymom 4]

[size="3]i will have my interview this coming MAY. I just want to know my chances of getting my application approved. I had been out of the country for a total of 9 months because I got married. I maintained my bank account here in the US, filed my taxe and retained my apartment. Do you know anybody who got denied because they stayed more than 6 months outside US but less than 1 year? Does anyone here got their application approved even if they had similar situation as I do? Please share your stories as it will help me uplift my spirits. thank u thank u~![/size]

Denied of what? Interview for what? As long as you have your green card with you when you travel and did not stay outside the US for more than a year i think you are fine. I was in Pinas for almost 5 months but never had a problem getting back here in the US. Don't know what approval you are talking about here?

[Stella08 0]

[size="3]i will have my interview this coming MAY. I just want to know my chances of getting my application approved. I had been out of the country for a total of 9 months because I got married. I maintained my bank account here in the US, filed my taxe and retained my apartment. Do you know anybody who got denied because they stayed more than 6 months outside US but less than 1 year? Does anyone here got their application approved even if they had similar situation as I do? Please share your stories as it will help me uplift my spirits. thank u thank u~![/size]

Denied of what? Interview for what? As long as you have your green card with you when you travel and did not stay outside the US for more than a year i think you are fine. I was in Pinas for almost 5 months but never had a problem getting back here in the US. Don't know what approval you are talking about here?

We are in the US Citizenship forum here. Which means, that the poster is planning on applying for naturalization. And to qualify, you must meet certain residency and physical presence requirements.

[Penguin_ie 5,993]

I don't think you will be denied; you mainrtained residency by the things you kept on in the USA, and were outside the US for less than a year. However, the 9 months outside will not count towards the total of 3/5 years you need to be within the US before you can apply for citisenship.

[I Miss Her 0]

[size="3]i will have my interview this coming MAY. I just want to know my chances of getting my application approved. I had been out of the country for a total of 9 months because I got married. I maintained my bank account here in the US, filed my taxe and retained my apartment. Do you know anybody who got denied because they stayed more than 6 months outside US but less than 1 year? Does anyone here got their application approved even if they had similar situation as I do? Please share your stories as it will help me uplift my spirits. thank u thank u~![/size]

Home > Services & Benefits > Citizenship

General Naturalization Requirements (source: www.uscis.gov)

Residence and Physical Presence:

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

1. has been lawfully admitted for permanent residence

2. has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

3. has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period) has resided within a state or district for at least three months

Other source is: M-476, A Guide to Naturalization

http://www.uscis.gov/files/article/M-476.pdf

[ma2moiselle 0]

I am in the same situation as you and we should both be fine as long as we can prove that we did not abandon our residence. When you filed for N400, did you send in your tax return forms for the last 3/5 years? Along with pay stubs? If not, bring those to the interview! (it's proof that you did not abandon). Bring along bank statements as well and any other documents you think might help.

How long exactly have you had your Green Card for?

My local office is also in Chicago! So I would love to know how your interview goes when you're done!

Hope that helps!

Edited April 5, 2009 by ma2moiselle

[warlord 73]

Well many people get denied for being away for too long.

It'll just be up to the IO and if you can convince them that you maintained your residency (which you have some supporting things like the apt etc). Everything you have you need to bring to strenghen your case.

If the 9 months didn't screw up your residency timeline then that will also help.

Just get anything and everything you can find for proof and you have a chance.

But to answer the first question, yes many people have been denied for being out of the country. Even under 6 months. It'll be up to you to show you didn't break your continous residency...

[happypuppy 0]

for happywifeymom:

interview for my citizenship. i just want to know what my chances will be. as ive said, i was outside the country for 9 months. i didnt get any trouble getting back here, not even questioned by immigration. but now that im about to have my interview for citizenship, i just want to know if my 9 months of being outside US will hinder me from being a citizen.

Edited April 6, 2009 by happypuppy

[happypuppy 0]

I am in the same situation as you and we should both be fine as long as we can prove that we did not abandon our residence. When you filed for N400, did you send in your tax return forms for the last 3/5 years? Along with pay stubs? If not, bring those to the interview! (it's proof that you did not abandon). Bring along bank statements as well and any other documents you think might help.

How long exactly have you had your Green Card for?

My local office is also in Chicago! So I would love to know how your interview goes when you're done!

Hope that helps!

hi, i had my green card since 2004. How long were u outside US? I didnt include my tax return forms in the application that i sent uscis. Im planning to bring it on my interview. what else do u think i should bring to prove that i didnt break continous residence? goo dluck to us! i'll keep you posted. when is your interview? mine is on MAY.

[PrinceandPrincess 0]

Hi happypuppy,

[ma2moiselle 0]

I am in the same situation as you and we should both be fine as long as we can prove that we did not abandon our residence. When you filed for N400, did you send in your tax return forms for the last 3/5 years? Along with pay stubs? If not, bring those to the interview! (it's proof that you did not abandon). Bring along bank statements as well and any other documents you think might help.

How long exactly have you had your Green Card for?

My local office is also in Chicago! So I would love to know how your interview goes when you're done!

Hope that helps!

hi, i had my green card since 2004. How long were u outside US? I didnt include my tax return forms in the application that i sent uscis. Im planning to bring it on my interview. what else do u think i should bring to prove that i didnt break continous residence? goo dluck to us! i'll keep you posted. when is your interview? mine is on MAY.

Hello!

wow i'm surprised your application didn't get rejected because you didn't send in your tax return forms... I've also had my GC since 2004 and I was out of the US for 8 months last year. So I send in all of my tax return forms for the past 5 years, along with all of my pay stubs with my application. So definitely bring those with you at the interview!! Bank statements like I said, and proof that you retained your apartment (bills...). The reason behind me being away for so long was partly because of school, so i'm going to bring a letter from my university at the interview. I just received my NOA, so no interview date yet, I'm hoping for it to be in July/August!

When exactly in May is your interview? Keep me posted! And Good luck!!

[happypuppy 0]

here's my timeline:

04/2004- Received green card

2/2/09- N-400 application sent

2/28/09- Fingerprinting

3/12/09- NOA received

5/18/09- Interview

[happypuppy 0]

I am in the same situation as you and we should both be fine as long as we can prove that we did not abandon our residence. When you filed for N400, did you send in your tax return forms for the last 3/5 years? Along with pay stubs? If not, bring those to the interview! (it's proof that you did not abandon). Bring along bank statements as well and any other documents you think might help.

How long exactly have you had your Green Card for?

My local office is also in Chicago! So I would love to know how your interview goes when you're done!

Hope that helps!

hi, i had my green card since 2004. How long were u outside US? I didnt include my tax return forms in the application that i sent uscis. Im planning to bring it on my interview. what else do u think i should bring to prove that i didnt break continous residence? goo dluck to us! i'll keep you posted. when is your interview? mine is on MAY.

Hello!

wow i'm surprised your application didn't get rejected because you didn't send in your tax return forms... I've also had my GC since 2004 and I was out of the US for 8 months last year. So I send in all of my tax return forms for the past 5 years, along with all of my pay stubs with my application. So definitely bring those with you at the interview!! Bank statements like I said, and proof that you retained your apartment (bills...). The reason behind me being away for so long was partly because of school, so i'm going to bring a letter from my university at the interview. I just received my NOA, so no interview date yet, I'm hoping for it to be in July/August!

When exactly in May is your interview? Keep me posted! And Good luck!!

I took a class too for about 2 months. I guess it would help me too to build my case hopefully!