Applying for naturalization with one trip over 6 months during 5 year period. Chances?

[Sweetoosohni 0]

Has any one had any experience in going through the naturalization process with absence from US over 6 months. I know someone who is applying and they have 1 trip that lasted about 10 months. Will their application be thrown out right away? They have proof of property/taxes/relationships in US during that period. Will they even be considered for processing?

[Suss&Camm 2,213]

From the USCIS Policy manual:

"1. Absence of More than Six Months (but Less than One Year)

 

An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship. ^[11] 

 

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence. 

 

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence: ^[12] 

 

•The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

•The applicant’s immediate family remained in the United States.

•The applicant retained full access to his or her United States abode.

 

2. Absence of One Year or More

 

An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application. ^[13] 

 

The naturalization application of a person who is subject to the continuous residence requirement must be denied for failure to meet the continuous residence requirements if the person has been continuously absent for a period of one year or more without qualifying for the exception benefits of INA 316(b). An applicant who is absent for one year or more to engage in qualifying employment abroad may be permitted to preserve his or her residence. ^[14] 

 

3. Eligibility after Break in Residence

 

An applicant who is required to establish continuous residence for at least 5 years ^[15] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement ^[16] may apply two years and one day after returning to the United States to resume permanent residence. ^[17] "

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html}

[charmander 692]

There was a very recent denial story on this. You should take a look.

 

 

[Suss&Camm 2,213]

The manual goes on to talk about qualifying employment, but you haven't specified any reason for staying abroad so I didn't include it.