Help! 6months+ outside while on GC and Citizenship application [merged threads]

[VALU 55]

After staying overseas for about 8 months as a greencard holder during Covid19, should one still apply for a Citizenship? Add any foreseeable issues with that? Asking for a close friend. After questioning her upon return, they allowed her back in. I told her I would help her apply for her citizenship. She's been a permanent resident since 2016 via marriage. Your thoughts and tips/insight please....

[Lil bear 4,323]

1 minute ago, VALU said:

After staying overseas for about 8 months as a greencard holder during Covid19, should one still apply for a Citizenship? Add any foreseeable issues with that? Asking for a close friend. After questioning her upon return, they allowed her back in. I told her I would help her apply for her citizenship. She's been a permanent resident since 2016 via marriage. Your thoughts and tips/insight please....

It will depend on how the extended absence is interpreted by USCIS … from their website 

 

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

 

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis, see policy manual)

 

 

 

[Lil bear 4,323]

1 minute ago, VALU said:

After staying overseas for about 8 months as a greencard holder during Covid19, should one still apply for a Citizenship? And any foreseeable issues with that? Asking for a close friend. After questioning her upon return, they allowed her back in the USA. I told her I would help her apply for her citizenship. She's been a permanent resident since 2016 via marriage. Your thoughts and tips/insight please....🙏👏

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

Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis, see policy manual)

 

 

it will depend on how USCIS views the extended absence and what evidence she can use to demonstrate that is should not be considered as a break in continuous residency 

[Nitas_man 3,100]

12 minutes ago, VALU said:

After staying overseas for about 8 months as a greencard holder during Covid19, should one still apply for a Citizenship? And any foreseeable issues with that? Asking for a close friend. After questioning her upon return, they allowed her back in the USA. I told her I would help her apply for her citizenship. She's been a permanent resident since 2016 via marriage. Your thoughts and tips/insight please....🙏👏

Depends on did she maintain a residence in the US.  If still married, and spouse stayed behind, it’s a slam dunk.  If not, and she did not maintain a job, property, or address?  Might have to start over.  

[TBoneTX 46,068]

Duplicate threads have been merged and redundant posts removed.

[VALU 55]

7 minutes ago, TBoneTX said:

Duplicate threads have been merged and redundant posts removed.

Sorry I didn't realize it posted twice. 

[VALU 55]

1 hour ago, Lil bear said:

It will depend on how the extended absence is interpreted by USCIS … from their website 

 

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

 

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis, see policy manual)

 

 

 

Thanks. So should she still go ahead and apply and hope for the best or not? I'm trying to figure out if it's a lost case or not...

[VALU 55]

1 hour ago, Nitas_man said:

Depends on did she maintain a residence in the US.  If still married, and spouse stayed behind, it’s a slam dunk.  If not, and she did not maintain a job, property, or address?  Might have to start over.  

Both her and her spouse were visiting their country of origin so they were away together. He knew about the 6 month rule and she didn't. Their marriage has been very rocky and he might be trying to ruin things for her by withholding Information. I didn't realize she was not a citizen yet.

Edited May 21, 2021 by VALU

[AlexUSA 23]

55 minutes ago, VALU said:

Both her and her spouse were visiting their country of origin so they were away together. He knew about the 6 month rule and she didn't. Their marriage has been very rocky and he might be trying to ruin things for her by withholding Information. I didn't realize she was not a citizen yet.

The first thing a permanent resident and even regular people know about the green card is you have to be back before 6 months and not a secret information.

[Unlockable 7,315]

*** One inflammatory comment removed. Stick to contributing with helping others and not making disparaging remarks or administrative action will be taken.

 

VJ Moderation

[Lil bear 4,323]

10 hours ago, VALU said:

Both her and her spouse were visiting their country of origin so they were away together. He knew about the 6 month rule and she didn't. Their marriage has been very rocky and he might be trying to ruin things for her by withholding Information. I didn't realize she was not a citizen yet.

After 5 years of LPR status .. as long as she meets the residency requirements ..she can naturalize without relying on ongoing marriage to the USC. Her ongoing LPR status likewise does not rely on being together. You should read carefully with her the information in the USCIS manual and see if she  has evidence that may be considered adequate to avoid loss of continuous presence. The other alternative is to wait until 4 years plus 1 day after returning to the US and then apply … the extended absence is no longer considered   Unfortunately “ not knowing” carries no weight with USCIS 

[VALU 55]

19 minutes ago, Lil bear said:

After 5 years of LPR status .. as long as she meets the residency requirements ..she can naturalize without relying on ongoing marriage to the USC. Her ongoing LPR status likewise does not rely on being together. You should read carefully with her the information in the USCIS manual and see if she  has evidence that may be considered adequate to avoid loss of continuous presence. The other alternative is to wait until 4 years plus 1 day after returning to the US and then apply … the extended absence is no longer considered   Unfortunately “ not knowing” carries no weight with USCIS 

Thank you. That's helpful. What evidence would be considered adequate. They simply traveled to their native country together last year when the pandemic was at its peak and then they cane back early this year after 8 months away. So what kind of evidence would she need to provide and does she provide this evidence with her citizenship application?

 

I really feel bad for her. She depended on her abusive naturalized USA citizen husband to do all her immigration stuff which resulted in her "ignorance" about the 6 month rule. I thought she knew about this and thought she was a citizen already.

 

I have noticed that not all greencard holders know about that rule. One of my friends who came here as a child almost traveled abroad for over a year on a greencard. Luckily I knew she wasn't a citizen yet and I mentioned that to her and she discounted the 6month rule I told her as a lie at first, and then I guess she double checked and got her citizenship before she traveled.

[Lil bear 4,323]

17 minutes ago, VALU said:

Thank you. That's helpful. What evidence would be considered adequate. They simply traveled to their native country together last year when the pandemic was at its peak and then they cane back early this year after 8 months away. So what kind of evidence would she need to provide and does she provide this evidence with her citizenship application?

 

I really feel bad for her. She depended on her abusive naturalized USA citizen husband to do all her immigration stuff which resulted in her "ignorance" about the 6 month rule. I thought she knew about this and thought she was a citizen already.

 

I have noticed that not all greencard holders know about that rule. One of my friends who came here as a child almost traveled abroad for over a year on a greencard. Luckily I knew she wasn't a citizen yet and I mentioned that to her and she discounted the 6month rule I told her as a lie at first, and then I guess she double checked and got her citizenship before she traveled.

Please read through the information you will find on the USCIS website. I attached the link before. A Google search will provide you with a lot of information. 

Edited May 21, 2021 by Lil bear

[VALU 55]

22 minutes ago, Lil bear said:

Please read through the information you will find on the USCIS website. I attached the link before. A Google search will provide you with a lot of information. 

Thank you. 

[Nitas_man 3,100]

20 hours ago, VALU said:

Both her and her spouse were visiting their country of origin so they were away together. He knew about the 6 month rule and she didn't. Their marriage has been very rocky and he might be trying to ruin things for her by withholding Information. I didn't realize she was not a citizen yet.

Those rules are published all over the place.  
 

Well we were gone awhile and waited 2 years 6 months then applied.

Best case (assuming she stays married) she can do that.  

If they maintained their residence/bank/etc  in the US then it’s really the subjective decision of whoever reviews the case and what mood they’re in but my call is she should collect her evidence of unbroken ties and file.

 

https://www.uscis.gov/sites/default/files/document/guides/M-618.pdf

 

This document says a year or more, possibly after 6 months.  Proof:  Lease, drivers license, banking, credit cards, mobile accounts, car insurance/registration, etc.

Edited May 21, 2021 by Nitas_man