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dixr6

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Filed: Country: Sudan
Timeline

In 09/06/2010 I became a permanent resident through my father. I was still a student during that time, and I decided to finish the college since I had 2 more years to go. I used to come to the US every 4 months so I don't disturb my residency, but in the last year in college my dad had financial difficulties and I had to stay for 10 months outside the US. Now I applied to citizenship, my interview is next month, will that going to affect my case ?

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It will certainly be a topic of discussion. Do you have anything which could be used to show you still considered yourself a resident? Bills in your name? A bank account?

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Filed: Country: Sudan
Timeline

Yes, defiantly. I have a bank account and my family was living in the US the whole time I was overseas. I was depending on my father for financial support since I was still a student and I have all his tax returns that says I'm dependent on him

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You don't have continuous residence since your last trip was more than 6 months.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Country: Sudan
Timeline

Yeah, I know that I disturbed my residency, but my family was still living in the US. I found this online:

Absence for a Continuous Period of Between Six Months and One Year


According to statute, absences of between six months and one year presumably “break the continuity of residence unless the applicant shall establish to the satisfaction of [uSCIS] that he did not in fact” do so. USCIS regulations explain in more detail that the continuity of residence for naturalization purposes can be broken even if the applicant has not requested tax classification as a “nonresident” and has not lost permanent resident status due to abandonment. Further:


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.

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Filed: Timeline

You might be able to prove you didn't break continuous residence during your 10 month absence, but you should gather as much evidence as you can to show all of the documentation you mention above. More is definitely better.

Another, separate concern I have is whether you meet the physical presence requirement. You must have actually been inside the U.S. for at least 30 months (913 days) out of the last 5 years to be eligible. This is a different requirement from continuous residence. If you only came to the U.S. for a couple of weeks out of every 4 months, this could be a problem for you. Make sure to read up on physical presence and check your passport/dates of travel.

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