Can I naturalize if I have been away greater than 6 months continuously?

[YvetteS 178]

Hi all,

I am just looking for some guidance on this. I understand the general rule of thumb is that you cannot be out of the US greater than 6 months if you wish to naturalize. Is this correct?

 

What I would like to know is if there is any leniency with this? And if this is a hard and fast rule? 

 

A brief history:

I married my US husband in March 2020 and have my conditional permanent residency now. This expires in March 2023. 

 

In August 2022 we went to Australia for an extended trip. We are still here now. We intend to return to the US in a couple months, but at that point I would have been out of the country greater than 180 days (but not by much). For context I have filed all taxes since becoming a PR and I own my home in the US, so I do have significant ties.

 

I appreciate any guidance and to hear from anyone who has been able to naturalize despite being out of the US greater than 6 months at a time. 

 

Thank you.

[Boiler 45,445]

6 months plus just resets the clock so yes you should be able to naturalise but you have to wait until you qualify.

[Boiler 45,445]

Most people would be more concerned about maintaining their residency and the sort of conversation they may have at the PoE after being gone so long.

[discoverusa 258]

I think you should work on submititng ROC first. 

[OldUser 6,607]

19 minutes ago, discoverusa said:

I think you should work on submititng ROC first. 

+100 to this. @YvetteS remember to file your I-751 when the time comes. N-400 is a several years away for you.

[YvetteS 178]

12 minutes ago, Boiler said:

6 months plus just resets the clock so yes you should be able to naturalise but you have to wait until you qualify.

Thank you. 

 

11 minutes ago, discoverusa said:

I think you should work on submititng ROC first. 

For sure. Working on that now. I just wanted to think ahead and see what implications there was on naturalisation as well. 

[Mike E 11,739]

4 hours ago, YvetteS said:

I appreciate any guidance and to hear from anyone who has been able to naturalize despite being out of the US greater than 6 months at a time. 

Rarely is this granted.  Did you file for a Re-entry permit?
 

Technically  the rule USCIS enforces is over 180 days of continuous absence breaks residency for purposes of naturalization.  However on one of Jim Hacking’s pod casts last year he says his law firm successfully appealed a denial in this basis because they showed that the N-400 applicant had fewer than 182.5 days of physical absence.  
 

So how much absence will you have? Keep in mind that the day you left the USA and the day you return to the USA don’t count as absence.  

[mam521 2,057]

14 hours ago, Mike E said:

Rarely is this granted.  Did you file for a Re-entry permit?
 

Technically  the rule USCIS enforces is over 180 days of continuous absence breaks residency for purposes of naturalization.  However on one of Jim Hacking’s pod casts last year he says his law firm successfully appealed a denial in this basis because they showed that the N-400 applicant had fewer than 182.5 days of physical absence.  
 

So how much absence will you have? Keep in mind that the day you left the USA and the day you return to the USA don’t count as absence.  

I'd think the re-entry permit is a big key factor here.  It's somewhat indicative of intent to return.  Just leaving...not so much.  

[YvetteS 178]

On 1/3/2023 at 9:23 PM, Mike E said:

Rarely is this granted.  Did you file for a Re-entry permit?
 

Technically  the rule USCIS enforces is over 180 days of continuous absence breaks residency for purposes of naturalization.  However on one of Jim Hacking’s pod casts last year he says his law firm successfully appealed a denial in this basis because they showed that the N-400 applicant had fewer than 182.5 days of physical absence.  
 

So how much absence will you have? Keep in mind that the day you left the USA and the day you return to the USA don’t count as absence.  

No I didnt file re-entry permit :(

 

I will have exactly 180 days absence... Is the rule over 180 days? Or does it include the 180th day? I hate that I am cutting it this close. I will see if I can get a flight for the day before so my absence is only 179 day... 

 

I left on August 4th 2022 and planning on returning February 1st 2023...

[Mike E 11,739]

1 hour ago, YvetteS said:

I will have exactly 180 days absence... Is the rule over 180 days? Or does it include the 180th day?

Can’t follow.
 

What was the date left the USA?

What was the day you returned?

[YvetteS 178]

3 minutes ago, Mike E said:

Can’t follow.
 

What was the date left the USA?

What was the day you returned?

Left on the 4th August 2022. Planning on returning February 1st 2023.

[Mike E 11,739]

1 hour ago, YvetteS said:

 

I left on August 4th 2022 and planning on returning February 1st 2023

 

4 minutes ago, YvetteS said:

Left on the 4th August 2022. Planning on returning February 1st 2023.

If you left Aug 4 and came back Aug 6, while there are 2  days between those two dates, August 4 and  August 6 count as days in USA. Just August 5 is a day of absence. 
 

So that is 1 day of absence. 
 

There are 181 days between August 4 and February 1. So by induction that is 180 days of absence. That will not break continuous residency. 
 

Why take a chance the flight will not be delayed or canceled? Come home now. 

Edited January 9, 2023 by Mike E

[YvetteS 178]

2 minutes ago, Mike E said:

 

If you left Aug 4 and came back Aug 6, while there are 2  days between those two dates, August 4 and  August 6 count as days in USA. Just August 5 is a day of absence. 
 

So that is 1 day of absence. 
 

There are 181 days between August 4 and February 1. So by induction that is 180 days of absence. That will not break continuous residency. 
 

Why take a chance the flight will not be delayed or canceled? Come home now. 

Thank you for your input Mike!

I know it's risky, I will see what I can do to make it home to the US sooner.

[ImmigrantKrish 75]

If you are gone that long just before applying for citizenship the IO might question your intent… just saying…..

[Mike E 11,739]

1 minute ago, ImmigrantKrish said:

If you are gone that long just before applying for citizenship the IO might question your intent… just saying…..

Yes good point. OP should not file until in the U.S. residing continuously in one state for 3 months.