Overcoming break in continuous Residency

[reyiz23 4]

Hello Everyone,

 

I have been outside of the US for almost 6 months and although it wasn't my initial intention, I need to extend my stay in my home country for about 20 more days.  By the time I get back to the US, the total length of my trip will be 6 months and 20 days or so.  Since obtaining my green card on August 2018, this has been my only long trip.  I had 2 other ones for only 17 days each.  I will be eligible to apply for Naturalization based on the 5 year rule on May 2023 and it would really suck if the clock for naturalization reset because of this trip.

 

I still have my apartment (rent), car insurance, health insurance, utility bills, bank & credit card accounts in the US.  They have all been active while I was gone and were paid for.  I do not currently maintain employment in the US or have any immediate family members.  Just for more info, I do not plan on making any long trips after this one until naturalization.

 

What are my chances of overcoming the break in continuous residency?  I would be extremely grateful if you could share similar experiences or your knowledge on the subject. 

 

 

[SalishSea 18,288]

1 hour ago, reyiz23 said:

Hello Everyone,

 

I have been outside of the US for almost 6 months and although it wasn't my initial intention, I need to extend my stay in my home country for about 20 more days.  By the time I get back to the US, the total length of my trip will be 6 months and 20 days or so.  Since obtaining my green card on August 2018, this has been my only long trip.  I had 2 other ones for only 17 days each.  I will be eligible to apply for Naturalization based on the 5 year rule on May 2023 and it would really suck if the clock for naturalization reset because of this trip.

 

I still have my apartment (rent), car insurance, health insurance, utility bills, bank & credit card accounts in the US.  They have all been active while I was gone and were paid for.  I do not currently maintain employment in the US or have any immediate family members.  Just for more info, I do not plan on making any long trips after this one until naturalization.

 

What are my chances of overcoming the break in continuous residency?  I would be extremely grateful if you could share similar experiences or your knowledge on the subject. 

 

 

‘Overcoming’ it?   It is based on fact:  you were either in the US, or not.  Whether you have an apartment or bills isn’t the issue.   It’s the exact number of days spent outside of the US.

[reyiz23 4]

1 hour ago, Jorgedig said:

‘Overcoming’ it?   It is based on fact:  you were either in the US, or not.  Whether you have an apartment or bills isn’t the issue.   It’s the exact number of days spent outside of the US.

Directly from the USCIS website,

 

"However, an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. 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."

 

I understand what the rule is.  However, it is possible to be eligible for naturalization even after a 6+ month trip if you can prove that it didn't disrupt the continuity of the residence.  I'm asking if anyone was in a similar situation and curious about the outcome of their cases.

[Mike E 11,745]

1 hour ago, reyiz23 said:

I understand what the rule is.  However, it is possible to be eligible for naturalization even after a 6+ month trip if you can prove that it didn't disrupt the continuity of the residence.  I'm asking if anyone was in a similar situation and curious about the outcome of their cases.

It’s possible you might over come the rule.
 

It is also possible you might  get an RFE.  
 

Or your case is delayed.  Or you are denied.  
 

I would come back to the USA today before you reach 181 days of continuous presence outside the USA (not 6 months). Stay for 24 hours and then go back.   
 

 

Edited March 31, 2021 by Mike E

[SusieQQQ 11,587]

No one is going to be able to give you reassurances on this. Your evidence to overcome the presumed break may be acceptable to your IO, it may not. The burden of proof is on you. You simply will not know until the interview. 

[igoyougoduke 1,677]

18 hours ago, reyiz23 said:

Hello Everyone,

 

I have been outside of the US for almost 6 months and although it wasn't my initial intention, I need to extend my stay in my home country for about 20 more days.  By the time I get back to the US, the total length of my trip will be 6 months and 20 days or so.  Since obtaining my green card on August 2018, this has been my only long trip.  I had 2 other ones for only 17 days each.  I will be eligible to apply for Naturalization based on the 5 year rule on May 2023 and it would really suck if the clock for naturalization reset because of this trip.

 

I still have my apartment (rent), car insurance, health insurance, utility bills, bank & credit card accounts in the US.  They have all been active while I was gone and were paid for.  I do not currently maintain employment in the US or have any immediate family members.  Just for more info, I do not plan on making any long trips after this one until naturalization.

 

What are my chances of overcoming the break in continuous residency?  I would be extremely grateful if you could share similar experiences or your knowledge on the subject. 

 

 

 an applicant may overcome the presumption of a break in the continuity of residence by providing evidence to establish that the applicant did not disrupt the continuity of his or her residence. 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.

you are over complicating things that might happen in 2023 based on things that are happening in 2021. The fact that you still have you apartment can be argued to have ties to United States.   No one will know what they will say in 2023. Just get through and make sure if you know the rules