181 Days out of USA

[Mini b 12]

Hi everyone hope all is well.

I'm helping my mil to file her N400 online. I have a  question that I would like to hear your feedback.

1. She stayed out of the USA for 181 (existed us on 11 July 2021 & reentered on 8th January 2022) days on her last trip, she doesn't have no evidence to show that she didn't abandon her residency to USA.

Has anyone had this issue? What was the outcome on the interview date?

Attached are 2 pictures, one from uscis showing that she may not be eligible to apply and one showing that the 181 days is 5months 28 day.

Please advise what's best to do.

TIA to all

[arken 4,197]

She will very likely be asked to provide evidences of maintaining the continuous residence. If asked and she has nothing, she will very likely be denied. 

 

Edited February 16, 2022 by arken

[Mini b 12]

36 minutes ago, arken said:

She will very likely be asked to provide evidences of maintaining the continuous residence. If asked and she has nothing, she will very likely be denied. 

 

She lives in her son house, she doesn't work and she never paid tax. Her sons however usually take turn each year to add her on their tax as dependent. As of year 2020 I'm not sure if anyone did that. 

 

She doesn't have a car, she doesn't pay lease, I'm not sure if she have insurance, she does have a bank account and I think one of her son did withdrawal from it and she have a US telephone number. (I'm not sure how it works as I'm out of the USA). 

 

I'm not entirely sure if they should go ahead and submit the application. 

 

Besides when she went to the USA on the 8th she then went back to her home country after 2 weeks. 

[da95826 387]

1 hour ago, Mini b said:

1. She stayed out of the USA for 181 (existed us on 11 July 2021 & reentered on 8th January 2022) days on her last trip, she doesn't have no evidence to show that she didn't abandon her residency to USA.

The issue is exceeding the 180 days, if you can provide proof she entered within 180 days I think that is what you need. What time did the plane depart and arrive if arrival was before midnight or departure after midnight it could help. 

Keep in mind that for naturalization application Form N-400 partial days spent in the United States count as whole days spent in the United States. Therefore, to get the right number of days outside the United States, you will have to subtract one day from the total of days between two dates.

 

I would not worry about proof of residency, it is not the real issue, she lives with her family and affidavits  from her children and tax returns will show she lives with her family.  USCIS is not going to forgive the 181 days out of the USA unless you can prove it was 180 days or less.

[Mini b 12]

22 minutes ago, da95826 said:

The issue is exceeding the 180 days, if you can provide proof she entered within 180 days I think that is what you need. What time did the plane depart and arrive if arrival was before midnight or departure after midnight it could help. 

Keep in mind that for naturalization application Form N-400 partial days spent in the United States count as whole days spent in the United States. Therefore, to get the right number of days outside the United States, you will have to subtract one day from the total of days between two dates.

 

I would not worry about proof of residency, it is not the real issue, she lives with her family and affidavits  from her children and tax returns will show she lives with her family.  USCIS is not going to forgive the 181 days out of the USA unless you can prove it was 180 days or less.

So for her leaving the USA she checked in on the 10th July and departure on the 11th July 2021. And for her reentry she checked in on the January 7th and departure on 8th January 2022. So which means she landed in the USA on the 8. She was supposed to land on the 7th of January but her flight got delayed and the time changed. 

[Boiler 45,488]

Begs the question why she wants to naturalise.

 

 

[Mini b 12]

5 hours ago, Boiler said:

Begs the question why she wants to naturalise.

 

 

Because her 10 years greencard will be expiring In July of 2022.

[milimelo 4,477]

34 minutes ago, Mini b said:

Because her 10 years greencard will be expiring In July of 2022.

May be easier just to renew the green card...

[arken 4,197]

7 hours ago, Mini b said:

Besides when she went to the USA on the 8th she then went back to her home country after 2 weeks

Then forget about naturalization, best is to just renew the GC. After being out for more than 180 days, she went back abroad again in 2 weeks!! IOs are very good in catching those playing the system. Where is she now?

[Mini b 12]

41 minutes ago, milimelo said:

May be easier just to renew the green card...

I honestly think that's the safest thing to do but that's not a decision for me to make but herself.

[Mini b 12]

20 minutes ago, arken said:

Then forget about naturalization, best is to just renew the GC. After being out for more than 180 days, she went back abroad again in 2 weeks!! IOs are very good in catching those playing the system. Where is she now?

She's presently still out of the USA & in her home country.

 

I do think it's the safest thing to do in this case.

1. If her citizenship interview doesn't come by July, she will have an expired greencard after July n during her interview. 

 

2. If her interview do come about and they deny her because of the break of continuous residence, then she will still have to end up renewing her greencard and by that time it will pass the time for her to have her renewal greencard in the system. 

 

But I'm just the dil I can't make decisions on behalf of her n what her kids n she will decide.

[arken 4,197]

22 minutes ago, Mini b said:

But I'm just the dil I can't make decisions on behalf of her n what her kids n she will decide.

I'd say enjoy your time, relax and let then decide what she will do.

 

Not sure when she is planning to return but without any good evidences of continuous residence, n400 denial is very likely. If she returns in April, the IO could consider that as 9 months outside the US since July.

[African Zealot 1,455]

You can apply and just take it that you bought lottery tickets with the application fee. An observant interviewer should catch it though and based on the facts you’ve provided should deny her application. An aggressive officer could attempt to put her in removal proceedings however that’s unlikely.

 

In reality it appears she’s a long term tourist in the USA 😁. 

[SteveInBostonI130 3,434]

10 hours ago, Mini b said:

 

Besides when she went to the USA on the 8th she then went back to her home country after 2 weeks. 

 

It will be difficult to argue she didn't break continuous residence during the 181 days out when she just stayed in the US for 2 weeks before leaving again.

 

Just out of curiosity, is this the only long trip she made to her country in the previous 5 years?

[Mollie09 1,543]

17 hours ago, Mini b said:

 

Besides when she went to the USA on the 8th she then went back to her home country after 2 weeks. 

As an LPR, her "home country" should be the US, and the fact that she's not treating it as such will not only mean she can't naturalize, it will also jeopardize her green card.