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Max Smith

Naturalization with COVID-19 Absence, Frequent Travel, and Divorce - Advice Needed

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I want to do my naturalization process as soon as possible. Soon five years passes since I became a permanent resident and I will be able to apply for naturalization. I don’t have any crimes. I meet all the criteria but have a few things I worry about:

  1. During COVID I was outside of the US for little than around 10 months. I read it should be possible to apply and overcome the Presumption of a Break in the Continuity of Residence. At that time I didn't keep the lease in the US but got hired by the US company where I work currently.
  2. I had quite a lot of long trips out of the US. My total amount of days is around 970 inside, and 775 outside.
  3. I got my conditional green card through marriage, then divorced, then got the 10-year green card.

I know that during the naturalization process, USCIS looks at the entirety of my immigration process and in some cases, they can even cancel my permanent residence status.

I wanted to ask if would it be risky for me to apply for naturalization right now. An alternative I am considering is to wait longer and not have the trip described in the point "1." in my five-year history. What is your advice? 

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1 hour ago, Max Smith said:

wait longer and not have the trip described in the point "1." in my five-year history. What is your advice? 

That would be my advice. I know you don't have crimes, but divorce and long absense together already may create a bit of complication when adjudicating the case. At least the continuous residence won't be an issue if you want a little longer. When I-751 was approved, were you still married, in process of being divorced or divorced? Did you live with your ex at the time when I-751 was approved? Did you file jointly or with divorce waiver?

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@OldUser Thanks for the feedback. When I-751 I was divorced and not living with my ex. Does it change anything? Given your recommendation, I might decide to wait with applying. However I would strongly prefer not to, but this may be too risky in my case, right?

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@OldUser I-751 was "divorce waiver petition". In that case, do you think it's okay to do the naturalization now? I would be grateful if you could elaborate as this is an important decision for me. Thank you

@Pinkrlion What do you think? Would that change your attitude towards what I should do?

I would be grateful if anybody else would weigh in.

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6 minutes ago, Max Smith said:

@OldUser I-751 was "divorce waiver petition". In that case, do you think it's okay to do the naturalization now? I would be grateful if you could elaborate as this is an important decision for me. Thank you

@Pinkrlion What do you think? Would that change your attitude towards what I should do?

I would be grateful if anybody else would weigh in.

Because I-751 was approved and USCIS knew about the divorce you're good to apply for N-400.

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