Study abroad for 10 months, "Decision cannot be made" after interview

[DanielG 0]

Hello,

I had my interview today (Dallas Field Office) and knew this might pose an issue but did not expect it to hinder my progress. I am applying for naturalization on the basis of having 2 US citizens as my adoptive parents, and after 5.5 years of having my green card (04-21-2012). I moved to Spain from September 2012 to July 2013 (about 10 months) to pursue a Master's degree. Since I had been in the US for just a few months before leaving, I did not have any bills, credit cards, loans, bank statements, etc. that prove I maintained residency here. I also did not file taxes in 2012 because I was out of the country and had no idea I had to file if I made no money or if I was living abroad (I realize this was a mistake). I basically borrowed money from my family to live in Spain, and used that money to support myself in Spain. The problem is, I closed the account in 2014 and the bank has no records or statements of it whatsoever. However, I maintained full access to my adoptive parents' home during that time and they were living in the US during that time as well (they've been here for over 25 years). 

I even waited until more than 4 years had passed after I came back to the US since I read about the 4 years and one day rule (although I realize it is only mentioned in cases where someone was gone for over a year). An attorney last year even advised me to wait until 4 years had passed so that I would have no problems whatsoever. I showed the officer my diploma and school transcripts from Spain, all legally translated. Besides this trip, I have taken 7 or 8 more trips in the five previous years for vacation, all trips between 15 days and 2 months, since I have the summer off and can use it to travel around. Additionally, I have 1 speeding ticket that was taken care of and mentioned during the interview.

After passing the civics and English test, the officer told me my long absence was an issue because that's how it is when you leave for more than 6 months. She said she would review my case further and mail a decision. When asked if I would need additional documents she said she thinks she has everything she needs but will mail me a letter if there is anything I need to provide. I really don't know what to think at this point. I haven't been gone for over 2 months in the last 4 years, have had a stable job and paid taxes for the last 4 years, and have stayed out of trouble besides a speeding ticket. Could it be possible that she just wants to double check the dates or something? Or does it sound like my application will be denied on the basis of "abandoning" my residency, even if I waited more than 4 years and one day after that long absence?

Thank you!

[Going through 5,668]

From what you've written, of course personally I can't guarantee anything, but it sounds like you should receive an approval in the end.  Your long absence from the US was still under a year, and although you didn't appear to hold much in the way of residential ties to the US during that year, you did since returning in the US in 2013.

 

The whole "decision cannot be made" part is very common, even with straight-forward cases.  She probably just needs to get a supervisor to check over your application before sending the final decision letter.  Did the IO mention anything about recommending you for approval? Keeping you in my thoughts!

[Nitas_man 3,100]

1 hour ago, DanielG said:

Hello,

I had my interview today (Dallas Field Office) and knew this might pose an issue but did not expect it to hinder my progress. I am applying for naturalization on the basis of having 2 US citizens as my adoptive parents, and after 5.5 years of having my green card (04-21-2012). I moved to Spain from September 2012 to July 2013 (about 10 months) to pursue a Master's degree. Since I had been in the US for just a few months before leaving, I did not have any bills, credit cards, loans, bank statements, etc. that prove I maintained residency here. I also did not file taxes in 2012 because I was out of the country and had no idea I had to file if I made no money or if I was living abroad (I realize this was a mistake). I basically borrowed money from my family to live in Spain, and used that money to support myself in Spain. The problem is, I closed the account in 2014 and the bank has no records or statements of it whatsoever. However, I maintained full access to my adoptive parents' home during that time and they were living in the US during that time as well (they've been here for over 25 years). 

I even waited until more than 4 years had passed after I came back to the US since I read about the 4 years and one day rule (although I realize it is only mentioned in cases where someone was gone for over a year). An attorney last year even advised me to wait until 4 years had passed so that I would have no problems whatsoever. I showed the officer my diploma and school transcripts from Spain, all legally translated. Besides this trip, I have taken 7 or 8 more trips in the five previous years for vacation, all trips between 15 days and 2 months, since I have the summer off and can use it to travel around. Additionally, I have 1 speeding ticket that was taken care of and mentioned during the interview.

After passing the civics and English test, the officer told me my long absence was an issue because that's how it is when you leave for more than 6 months. She said she would review my case further and mail a decision. When asked if I would need additional documents she said she thinks she has everything she needs but will mail me a letter if there is anything I need to provide. I really don't know what to think at this point. I haven't been gone for over 2 months in the last 4 years, have had a stable job and paid taxes for the last 4 years, and have stayed out of trouble besides a speeding ticket. Could it be possible that she just wants to double check the dates or something? Or does it sound like my application will be denied on the basis of "abandoning" my residency, even if I waibut ted more than 4 years and one day after that long absence?

Thank you!

You are in that gray area where absence > 6 months is a automatic presumption but can potentially be overcome with the evidence you provided.  This one is being kicked upstairs so to speak and could go either way unfortunately but it sounds like you have done everything you can do.  Worst case is you filed a little early and will certainly be eligible in a few months.

 

The other short absences do not matter one way or another.  Good luck!

[DanielG 0]

13 minutes ago, Going through said:

Did the IO mention anything about recommending you for approval? Keeping you in my thoughts!

Thanks for your reply. She didn't say anything about the approval, she just had me double check my name and date of birth, since that's the way it would show up on my certificate, should I get approved. As I stood up to leave, she just said my long stay in Spain is an issue because it was over six months, but at least I have the physical presence requirement in the US, which is a good thing. I asked her if she needed any documents and she said she thinks she has everything she needs but will let me know in the letter they mail to me.

 

 

[DanielG 0]

1 minute ago, Nitas_man said:

Worst case is you filed a little early and will certainly be eligible in a few months.

 

Thanks for the reply. It baffles me because I applied 4 years and about 10 days after I came back from Spain, and in 4 years I have never been out of the country for more thank 2 months, have held a stable job as a teacher, and have paid taxes every year. I regret not keeping more of a "paper trail" from my time abroad, but there's nothing I can do about it now. Hopefully it gets approved.

[Going through 5,668]

3 minutes ago, DanielG said:

As I stood up to leave, she just said my long stay in Spain is an issue because it was over six months, but at least I have the physical presence requirement in the US, which is a good thing.

Focus on this part, then.  The IO confirmed that you met the physical presence requirements.

Now they just have to confirm that you meet the continuous residency requirements.

Edited October 20, 2017 by Going through

[Nitas_man 3,100]

20 minutes ago, DanielG said:

Thanks for the reply. It baffles me because I applied 4 years and about 10 days after I came back from Spain, and in 4 years I have never been out of the country for more thank 2 months, have held a stable job as a teacher, and have paid taxes every year. I regret not keeping more of a "paper trail" from my time abroad, but there's nothing I can do about it now. Hopefully it gets approved.

You definitely met 2 of the 3 requirements and there IS a little room for continuous residency absences between 6 months and 1 year.  Abandonment?  Not an issue and you do not have to worry about that at all.  You are either deemed to have abandoned or not when you arrive after your absence LOL, on the spot, 4 years ago.  When they let you back in, that potential issue evaporated. 

 

Had you been working, you would have likely been denied.  Since you were attending school and returned they may not ding you and reset your clock.  I do understand why the CO probably really does not know. 

 

My instinct?  Is leaning towards approval.