What happens if LPR stays abroad for more than 6 months before naturalization ceremony?

[Julio22 3]

What happens if legal permanent resident passes naturalization interview and then travels abroad for more than 6 months before attending naturalization ceremony? Can LPR enter US again and attend the naturalization ceremony or whole process would have to be started again?

Edited December 21, 2020 by Julio22

[Mike E 11,742]

At the oath ceremony you will be asked if you left the USA after your interview.  When you say yes, you will be asked if you still meet the physical  presence and continuous residency requirements.  When you answer yes you will have perjured yourself and will eventually be de-naturalized.   

[NEW CITIZEN 151]

 

6 months or longer, you'll need to restart the 5 year clock.

[Mollie09 1,543]

21 hours ago, Julio22 said:

What happens if legal permanent resident passes naturalization interview and then travels abroad for more than 6 months before attending naturalization ceremony? Can LPR enter US again and attend the naturalization ceremony or whole process would have to be started again?

From the policy manual (emphasis mine)  https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Absence of More than 6 Months (but Less than 1 Year)

An absence of more than 6 months (more than 180 days) but less than 1 year (less than 365 days) during the period for which continuous residence is required (also called “the statutory period”) is presumed to break the continuity of such residence.^[12] This includes any absence that takes place during the statutory period before the applicant files the naturalization application and any absence between the filing of the application and the applicant’s admission to citizenship.^[13]

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

 

Process has to be started over.

[millefleur 5,047]

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VJ Moderation

[H.Angy 51]

 

Quote

presumed to break the continuity of such residence

 

 

So, if you stay out for more than 6 months you would have to prove that you kept your ties with US. It does not automatically mean that you broke your continuous residence.

[Mollie09 1,543]

17 hours ago, H.Angy said:

 

So, if you stay out for more than 6 months you would have to prove that you kept your ties with US. It does not automatically mean that you broke your continuous residence.

 

You have it backwards, you are presumed to have broken continuous residence, so it automatically invalidates the process unless you can prove you didn't, which is very difficult per the link above.

 

Such evidence may include, but is not limited to, documentation that during the absence:^[14]

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

• The applicant’s immediate family members remained in the United States; and

• The applicant retained full access to or continued to own or lease a home in the United States.

 

The key sentence being:

 

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

 

So staying out more than 6 months = automatic denial unless you can prove you didn't actually break continuous residence because your immediate family stayed, you kept your job and your home in the US the whole time.

[SusieQQQ 11,587]

7 minutes ago, Mollie09 said:

 

You have it backwards, you are presumed to have broken continuous residence, so it automatically invalidates the process unless you can prove you didn't, which is very difficult per the link above.

 

 

Exactly this. Best case outcome it delays oath ceremony by a few weeks or maybe even longer while OP scrambles to prove they have maintained enough ties no to break residence. I don’t think the dude checking paperwork at the ceremony can make the call, it will probably have to go before an officer for review. Worst case OP has to start the clock again.

Edited December 23, 2020 by SusieQQQ

[H.Angy 51]

So you can be out for more than 6 months if you keep your ties with the US. As i said the some ties are : keeping a bank account, driving license, partner/kid still here, rent/mortgage, job/studies, phone bills, car insurance, etc.

[SusieQQQ 11,587]

4 hours ago, H.Angy said:

So you can be out for more than 6 months if you keep your ties with the US. As i said the some ties are : keeping a bank account, driving license, partner/kid still here, rent/mortgage, job/studies, phone bills, car insurance, etc.

And as was already said above you are presumed in law to have broken continuous residence unless you can prove otherwise. The burden of proof is on the applicant. 

[Mollie09 1,543]

3 hours ago, SusieQQQ said:

And as was already said above you are presumed in law to have broken continuous residence unless you can prove otherwise. The burden of proof is on the applicant. 

Also, because all you have left is the ceremony, the best case scenario is that they ask you to send in your proof and reschedule the oath. They're not going to let you take the oath that day if you admit to being out for 6+ months. The worst case scenario is that you just get denied and told to start the application over when you're eligible again

[SusieQQQ 11,587]

6 minutes ago, Mollie09 said:

Also, because all you have left is the ceremony, the best case scenario is that they ask you to send in your proof and reschedule the oath. They're not going to let you take the oath that day if you admit to being out for 6+ months. The worst case scenario is that you just get denied and told to start the application over when you're eligible again

Exactly, they will likely want one of the normal interviewing officers or a supervisor to review the evidence, and that won’t be able to happen instantly. Not worth the risk imo.