N400 -You may not meet the physical presence requirement AND continuous residence requirement?

[bewar 0]

Hi dears,

i have applied for N400 online , at the end of the application i got this message ( You may not meet the physical presence requirement AND continuous residence requirement? )

additional information about my case,
- i have been out side of state between Nov 2019 and Sep 2020 , due to covid-19 and travel restorations i couldn't come back after 6 months , i have been out for 11 months .

- also i have been out for around 31 months out of state between 2017 and 2020 , due to work reason , i was working with humanitarian NGOs overseas during this 31 months
- i had travel documents before i do my first travel in 2017 my US travel expire date was Jan 2020.

right now my physicals state and US is 29 months , 
i have not been out of state last pass 5 months

my question is now can i apply for N400 citizenship ? if no what is the good time to apply ?

thanks

[Pinkrlion 2,724]

41 months out of the country does not allow you to apply.  Stay in country two or more years straight.  

[bewar 0]

8 minutes ago, Pinkrlion said:

41 months out of the country does not allow you to apply.  Stay in country two or more years straight.  

its 31 months out of state and 29 months in the state 

8 minutes ago, Pinkrlion said:

41 months out of the country does not allow you to apply.  Stay in country two or more years straight.  

41 months out of the country does not allow you to apply.  Stay in country two or more years straight.  

 

[aaron2020 11,651]

You need 5 years of continuous residency and at least 30 months in the US.

 

You are presumed to have broken your continuous residency by being outside the US for 11 months.  Did you keep your lease or own a home in the US during that time?  Did you keep your US employment?  If no, then you can not overcome the presumption that you broke your continuous residency.   You would have to wait until March 2025 to be eligible for naturalization.  

[bewar 0]

28 minutes ago, aaron2020 said:

You need 5 years of continuous residency and at least 30 months in the US.

 

You are presumed to have broken your continuous residency by being outside the US for 11 months.  Did you keep your lease or own a home in the US during that time?  Did you keep your US employment?  If no, then you can not overcome the presumption that you broke your continuous residency.   You would have to wait until March 2025 to be eligible for naturalization.  

hi dear

i was working with international humanitarian sector helping refugees overseas - partner of department of state . 
i live with my parents in State , we do have house as well, for this period i was paying my bills every months 
during this period i was caring valid travel document

 

thanks alot

[bewar 0]

1 minute ago, bewar said:

hi dear

i was working with international humanitarian sector helping refugees overseas - partner of department of state . 
i live with my parents in State , we do have house as well, for this period i was paying my bills every months 
during this period i was caring valid travel document

 

thanks alot

also the reason i stated 11 months was because of COVID-19 , there was curfew for 5 months 

[aaron2020 11,651]

If you want to apply when you have 30 months physical presence in the US, then you will have to provide evidence to overcome the presumption that you broke the continuous residency requirement. 

[bewar 0]

1 minute ago, aaron2020 said:

If you want to apply when you have 30 months physical presence in the US, then you will have to provide evidence to overcome the presumption that you broke the continuous residency requirement. 

thanks for your great advice really appreciate  , i have all supporting documents along with Tax documents for this period.

[aaron2020 11,651]

1 minute ago, bewar said:

thanks for your great advice really appreciate  , i have all supporting documents along with Tax documents for this period.

Your tax documents are not going to show you had continuous residency in the US.  Citizens living abroad have tax documents.  

Maintaining a home and employment in the US are two important factors.  

[bewar 0]

1 minute ago, aaron2020 said:

Your tax documents are not going to show you had continuous residency in the US.  Citizens living abroad have tax documents.  

Maintaining a home and employment in the US are two important factors.  

yup we have house for pass 4 years and i do pay bill every months

[Zaidba 39]

7 hours ago, bewar said:

Hi dears,

i have applied for N400 online , at the end of the application i got this message ( You may not meet the physical presence requirement AND continuous residence requirement? )

additional information about my case,
- i have been out side of state between Nov 2019 and Sep 2020 , due to covid-19 and travel restorations i couldn't come back after 6 months , i have been out for 11 months .

- also i have been out for around 31 months out of state between 2017 and 2020 , due to work reason , i was working with humanitarian NGOs overseas during this 31 months
- i had travel documents before i do my first travel in 2017 my US travel expire date was Jan 2020.

right now my physicals state and US is 29 months , 
i have not been out of state last pass 5 months

my question is now can i apply for N400 citizenship ? if no what is the good time to apply ?

thanks

I am not sure what you mean by saying that you had travel document? and your travel expired Jan 2020?

- Do you mean that you have a re-entry permit from USCIS for 2 years? If so, then you may apply after 4 years and one day from the date you came back and continuously resided in the US.

- If you stayed outside the US for more than 6 continuous months in the last 5 years, then you have to prove that you kept your connection with the States.

https://www.uscis.gov/citizenship/continuous-residence-and-physical-presence-requirements-for-naturalization

[SusieQQQ 11,587]

8 hours ago, bewar said:

its 31 months out of state and 29 months in the state 

 

 

29 months out the country is too little time here for physical presence.

11 months in one block is presumed to break continuous residence.

You can apply 4 years and 6 months after your last return assuming you don’t spend longer than 6 months in one block out again, and that you have met the physical presence requirements at that stage. See the section on “Absence of More than 6 Months (but Less than 1 Year)” here https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

Having a re-entry permit only helps with protecting your green card from being deemed abandoned. It gives you no benefit for either physical presence or continuous residence requirements. 

 

 

[African Zealot 1,456]

You can gamble with the application fee and apply if you’re inclined to? After all what do you have to lose? Just money.

 

Good luck.

[JeanneAdil 6,727]

11 hours ago, bewar said:

also the reason i stated 11 months was because of COVID-19 , there was curfew for 5 months 

USC and green card holders were allowed to travel back to the US

[SusieQQQ 11,587]

2 hours ago, JeanneAdil said:

USC and green card holders were allowed to travel back to the US

To be fair, being able to do that depends where you were. My home country closed all commercial airspace (domestic and international). There were very few repatriation flights and they weren’t easy to get on. I also know a green card family that was stuck in Peru for close to 6 months trying to get on a repatriation flight, eventually they managed but they had been trying for months.

Edited February 24, 2021 by SusieQQQ