Eligibility after fairly long absences

[Shub 78]

Hello everybody,

I'd like to follow up on a thread I had opened a long time ago regarding my eligibility to apply for citizenship. Feel free to read it but I thought I'd open a new one given the changes/updates since then. And if you read it, please try not to let your opinion be influenced by anything you may read there

So basically I've been a PR since January 2008.

Between June 2009 and 2010 however, I went back to my home country several times for prolonged stretches of time, although always for less than 6 months at a time. I maintained my ties here during those absences, filed my taxes as usual, and always had the intention of coming back. We did come back last June and went back to our normal life in the US. The reason I went back to my country of origin is that over Christmas 2008, my dad came here to visit us, had a stroke, was in the hospital for a few days, and we thought it would be good to spend time with him abroad and make sure he was OK. Of course I had to quit my job here and find a job there, but like I said, I had every intention of coming back, so I did, and I was let back into the country without a problem (the CBP lady kindly told me that it would have been wise to file for advance parole and sent us on our way).

Here's the breakdown of the periods I spent out of the US:

- 4/17/09 - 4/21/09 (4 days)

- 6/4/09 - 10/28/09 (146 days)

- 11/2/09 - 12/23/09 (51 days)

- 1/7/10 - 2/4/10 (28 days)

- 2/7/10 - 6/29/10 (142 days)

In a nutshell, the total is 371 days but no single absence was over 5 months.

The question is whether CIS would consolidate them and view them as one long absence of just over a year, or break it down as shown above.

Anyway, last January was my 3rd anniversary as a PR, so I would have been eligible to apply for citizenship around then, but I didn't. I still would like to apply for citizenship and have merely delayed applying out of indecision and I guess a sense of fear that CIS, seeing those absences listed in the application, decide to strip me from my green card anyway. I think that's unlikely but I don't know if there are precedents. Of course there's also the risk of the application being denied without consequences, meaning $680 down the drain.

So I wanted to pick everybody's brains almost a year after my first thread on this question. What do you think about me applying ASAP, say this week for example? Let me know if you have any questions.

Thanks for your time!

[LastSurvivor 0]

I thought the rule as over 6 months total on a given year but I'm not sure. If so you will have a problem with your time in 2009. Regardless it sure looks like you have no ties to the U.S. and I could see that causing you problems.

LS

[NickD 202]

I thought the rule as over 6 months total on a given year but I'm not sure. If so you will have a problem with your time in 2009. Regardless it sure looks like you have no ties to the U.S. and I could see that causing you problems.

LS

Just posted this for kids under 18:

http://www.uscis.gov/files/article/attachments.pdf

Also covers stays outside of the USA for eligibility. You decide or get an attorney to help you. Or just send in the 680 bucks and see what happens. Feel most of us would avoid these iffy types of questions. I had a couple of iffy questions that I didn't want to risk my 680 bucks for. Contacted my attorney that has been doing this for eight hours a day for the last 30 years. he was nice enough to explain and answer those questions for free.

[warlord 73]

A number of people have been able to get hospital/doctor records etc for sick relatives in similar situations as yours and then presented them at the interview. The IO's seem to give a lot more leniency to people who have long duration trips or in your case several long duration trips. So check into that.

Under 6 months, over 6 months isn't an issue really. That's just the line where the ownership of providing or proving continuous residency was broken lies. You can be out longer then 6 months and be fine with good proof, or under 6 months and denied because of lack of proof (or more like enough proof from the IO that you did not meet the requirements). Again, medical records have been used for people gone significantly longer then 6 months and have been totally fine.

So if you satisfied the proper number of days specified, you have all your N-400 docs, all proof of your ties here in the US etc you probably shouldn't have anything to really worry about. Just remember the more proof the better...

[eskie 1]

Hello everybody,

I'd like to follow up on a thread I had opened a long time ago regarding my eligibility to apply for citizenship. Feel free to read it but I thought I'd open a new one given the changes/updates since then. And if you read it, please try not to let your opinion be influenced by anything you may read there

So basically I've been a PR since January 2008.

Between June 2009 and 2010 however, I went back to my home country several times for prolonged stretches of time, although always for less than 6 months at a time. I maintained my ties here during those absences, filed my taxes as usual, and always had the intention of coming back. We did come back last June and went back to our normal life in the US. The reason I went back to my country of origin is that over Christmas 2008, my dad came here to visit us, had a stroke, was in the hospital for a few days, and we thought it would be good to spend time with him abroad and make sure he was OK. Of course I had to quit my job here and find a job there, but like I said, I had every intention of coming back, so I did, and I was let back into the country without a problem (the CBP lady kindly told me that it would have been wise to file for advance parole and sent us on our way).

Here's the breakdown of the periods I spent out of the US:

- 4/17/09 - 4/21/09 (4 days)

- 6/4/09 - 10/28/09 (146 days)

- 11/2/09 - 12/23/09 (51 days)

- 1/7/10 - 2/4/10 (28 days)

- 2/7/10 - 6/29/10 (142 days)

In a nutshell, the total is 371 days but no single absence was over 5 months.

The question is whether CIS would consolidate them and view them as one long absence of just over a year, or break it down as shown above.

Anyway, last January was my 3rd anniversary as a PR, so I would have been eligible to apply for citizenship around then, but I didn't. I still would like to apply for citizenship and have merely delayed applying out of indecision and I guess a sense of fear that CIS, seeing those absences listed in the application, decide to strip me from my green card anyway. I think that's unlikely but I don't know if there are precedents. Of course there's also the risk of the application being denied without consequences, meaning $680 down the drain.

So I wanted to pick everybody's brains almost a year after my first thread on this question. What do you think about me applying ASAP, say this week for example? Let me know if you have any questions.

Thanks for your time!

Between April 17th 09 and June 29th 2010 (15 months) you were in the US for a total of 67 days. Many of your trips had only a few days back in the US before you took off again. That does not look like it would satisfy continuous residence conditions. Also, you took a job while abroad - which would really militate against your case for having retained ties here. I suggest waiting for the 3rd anniversary of your 'real' beginning of continuous residence - 6/29/2013 - to apply for citizenship.

[Anh map 2,098]

Living and working abroad would likely work against your claim of residency during that time period. Why not spend a couple of $$ and consult an immigration attorney to get an informed opinion?

[Brother Hesekiel 2,236]

I remember you, but what I remember from way back when I won't hold against you.

Based on what you stated you are eligible to file an N-400. Expect some nasty questions about your absences in 2009 though. Be prepared to respond to them with a plausible answer, better yet some evidence that you weren't living in Switzerland, although you were.

[NickD 202]

I remember you, but what I remember from way back when I won't hold against you.

Based on what you stated you are eligible to file an N-400. Expect some nasty questions about your absences in 2009 though. Be prepared to respond to them with a plausible answer, better yet some evidence that you weren't living in Switzerland, although you were.

You are not suggesting this individual misrepresent himself, are you? Reading between the lines of the N-400, all of it is about telling the truth and nothing but the truth and just about anything on there can be checked out by other means. The consequence is deportation, then he can spend all of his time in Switzerland.