Continuous Residence requirement

[IcezMan_IcezLady 582]

15 hours ago, Concernedresident said:

Unfortunately no.

 

The USCIS Policy manual states:

 

"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."

 

So dont you think the proof is as follows:

 

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

1) no employment abroad (left my job as soon as i got residency)

4) job applications in US (i was applying online even when i was abroad)- So you terminated your job in the U.S.? 

 

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

3) letter from relative that i was residing at their house and had full access in my absence- i think this may be weak. Anyone can get their relative to say say for them. if you were still paying rent or still on the rental contract then that would have been helpful.

2) active bank account (not many transactions)- Did you pay bills through your bank account while you were gone or it was dormant?

 

 

[Russ&Caro 1,549]

As stated before, the worst case scenario is that it just delays citizenship 1 year. Not really so bad.

[Calikitkat 16]

What you could do is make an InfoPass Appointment and see what they advise you to do in this case. You can also call a tier 2 officer. These would be free of charge options. 

 

There is also the option to consult an immigration attorney. But that might be costly. I have never dealt with one but attorneys always sound pricey.

 

You could apply now and explain the situation in a cover letter. While providing all the supporting evidence you have. Do you have receipt from your brother's medical procedures to show? If they are in a different languange, you need a notarized translation of them. Was your spouse away with you? I think that proves bona fide marriage. 

 

I think you just have to prove you had good reasons to be away from your residence in the US.

 

Or you have the option to wait more time until you really have 3 consecutive years here in the US so you don't have to worry about your application getting denied and you losing the application fee.

 

Best of luck with what you decide to do. Let us know how it went.

[Concernedresident 0]

3 hours ago, Calikitkat said:

What you could do is make an InfoPass Appointment and see what they advise you to do in this case. You can also call a tier 2 officer. These would be free of charge options. 

 

There is also the option to consult an immigration attorney. But that might be costly. I have never dealt with one but attorneys always sound pricey.

 

You could apply now and explain the situation in a cover letter. While providing all the supporting evidence you have. Do you have receipt from your brother's medical procedures to show? If they are in a different languange, you need a notarized translation of them. Was your spouse away with you? I think that proves bona fide marriage. 

 

I think you just have to prove you had good reasons to be away from your residence in the US.

 

Or you have the option to wait more time until you really have 3 consecutive years here in the US so you don't have to worry about your application getting denied and you losing the application fee.

 

Best of luck with what you decide to do. Let us know how it went.

 

Thank you calikitkat, that is actually very helpful. Yes i have the receipts and documentation related to my brothers procedure. If i write a cover letter or infopass appointment it might be creating an issue out of a non-issue (as I am hoping the interviewer will overlook it). The matter of the fact is I left my job as i was no longer residing in my home country and i didnt have a residence in my home country either (no home ownership or rental), for the interviewer to assume I was residing in my home country rather than the USA would not make much sense either.

 

For the time being I am planning to apply as soon under the 3 yr rule. Lets see what happens (fingers crossed). Will surely keep everyone posted and thanks for all the help from everyone!

 

If anyone else has a similar situation of absences just under six months kindly keep us posted here as well.

Goodluck to everyone!

 

 

[AK_2014 113]

@Concernedresident, if you're still around, how did things turn out for your N-400?

[Help.please 0]

On 7/9/2019 at 6:05 PM, AK_2014 said:

@Concernedresident, if you're still around, how did things turn out for your N-400?

i am in the same situation, if you are still around, can you share how yours turned out?

[OldUser 6,672]

5 minutes ago, Help.please said:

i am in the same situation, if you are still around, can you share how yours turned out?

@Concernedresident was last active on December 3, 2017 and @AK_2014was last active on December 15, 2020

[Crazy Cat 41,865]

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