N-400, US Citizenship continuous residence: absence of 11months

[usgc2006 0]

Hi everyone,

I became Permanent Resident in October 2006.

Here's my case:

(October - November 2006)

Stayed in the US for almost a month

(Nov 2006 - Oct 2010)

Took a Re-Entry permit: Stayed Overseas for 2 years to continue college. After the Re-Entry Permit expires, I went back and forth to US but trip only lasted for a 2 weeks because of studies. I graduated college on 2010 so went to the US to stay permanently.

My start date for counting continuous residence is Oct 2010.

Date left US Date Returned US Total Days outside US

12/27/2014 - 01/22/2015 <6 mos = 26 days

10/09/2012 - 03/03/2013 <6 mos = 144 days

10/03/2011 - 03/11/2012 <6 mos = 159 days

11/16/2009 - 10/23/2010 >6 mos = 340 days

I'm having problems regarding the last entry on the table. I know I want to start my counting from Oct 2o1o onwards but I can't just place the Oct 2010 US Returned date without the date I left the US which is Nov 2009. It troubles me because it will show that I stayed out of the US for 11 months and it bothers me because they will question me. I read mostly in the forum that when you exceed 6 months, the continuous residence will be broken and need to show proof of ties such as tax returns etc. Unfortunately I don't have those since I'm not working.

QUESTIONS:

1.Am I eligible for US citizenship?

2. Does the 4yrs + 1day can be applied to my case? Or is it only for those woth absence of more than 1yr?

3 Do I have a chance of being approved if I apply this Feb or March 2015? Or is better for me to wait until August 2015 ( which is the Oct 2015 - 90 days)?

*I know it's super long, I just want to make it precise in explaining my case. Thank you so much for your time in reading this. Hope someone will help me to solve my case.

[JoRu16 7]

Hi. Your case is the same; if not, somewhat like mine.

I was outside the US for 10 months to finish HS in my home country. I did not have a re-entry permit. This was in 2009-2010 also. Simplier put:

-I am an LPR since 2007. From that time on I would visit my home country for a month or two

-May of 2009: I left the US for school

-March 2010: I came back to US.

In 2012, I planned on applying for naturalization, that time I had consulted a lawyer. Since I was away for 10 months, I broke my continous residence. Lawyer said I can pursue the application if I present ties to the US that I did not abandoned my LPR status. I didnt have that then, no job, also that time while outside the US, I was 17 yrs old. My mother wasn't that cooperating so I couldnt get pay stubs, rent stubs, her tax returns etc. From her. Lawyer then said I could just wait until 2014 and I shouldn't have a problem regarding that 10 month travel.

So here we are in 2015. In March, it will be my 5th year since coming back from breaking my continuous residence in 2010. I sent my application last January and now I'm waiting for my interview letter.

I don't know if this will help you or I just narrated my own story.

But in my opinion, you can just wait till August-October then you should be okay applying for citizenship.

Edited February 20, 2015 by JoRu16

[second stage 14]

QUESTIONS:

1.Am I eligible for US citizenship?

2. Does the 4yrs + 1day can be applied to my case? Or is it only for those woth absence of more than 1yr?

3 Do I have a chance of being approved if I apply this Feb or March 2015? Or is better for me to wait until August 2015 ( which is the Oct 2015 - 90 days)?

*I know it's super long, I just want to make it precise in explaining my case. Thank you so much for your time in reading this. Hope someone will help me to solve my case.

My suggestion - better to wait until October 2015 and then apply so the IO doesn't need to revisit prior to Oct 2010 timeline and ask further questions.

[usgc2006 0]

Thank you Joru16 for the detailed explanation.I really appreciate it! You and second stage were right. I'll just wait for the 5yrs marked and apply 90 days before 5yrs which is on Aug 2015. Thaaank you so much!

[evgenikd 0]

Thank you Joru16 for the detailed explanation.I really appreciate it! You and second stage were right. I'll just wait for the 5yrs marked and apply 90 days before 5yrs which is on Aug 2015. Thaaank you so much!

Hi to all!

Would like to ask you a question about "Continuous residence". I became Permanent Resident in May 2012. Here are my dates about my stays IN and OUT of US

2012 May - November (172 days in US)

2012/2013 November - May (178 days out of US)

2013 May - August (109 days in US) - took a re-entry permit and left US

2013/2014 August - April (251 days out of US)

2014 April - September (132 days in US)

2014/2015 September till now I am still out of US.

On 29th of March will be 180 day of my left from America. My re-entry permit exp. date is September 2015. I bought already a flight ticket for april which means i will late with 23 days after this rule of 6 months. Please tell me how i have to count "Continuous residence"? From may 2012 or after my going back to US in 2014 after 251 days out of US but with re-entry permit. And one more question, thinking to change my flight and keep this 180 days, not going over them this year. Can i use my re-entry permit again if i fly in april and make 6 months and 23 days missing from America? Thank you in advance to everyone who can give information about my case.

Edited February 27, 2015 by evgenikd

[JimmyHou 610]

Hi to all!

Would like to ask you a question about "Continuous residence". I became Permanent Resident in May 2012. Here are my dates about my stays IN and OUT of US

2012 May - November (172 days in US)

2012/2013 November - May (178 days out of US)

2013 May - August (109 days in US) - took a re-entry permit and left US

2013/2014 August - April (251 days out of US)

2014 April - September (132 days in US)

2014/2015 September till now I am still out of US.

On 29th of March will be 180 day of my left from America. My re-entry permit exp. date is September 2015. I bought already a flight ticket for april which means i will late with 23 days after this rule of 6 months. Please tell me how i have to count "Continuous residence"? From may 2012 or after my going back to US in 2014 after 251 days out of US but with re-entry permit. And one more question, thinking to change my flight and keep this 180 days, not going over them this year. Can i use my re-entry permit again if i fly in april and make 6 months and 23 days missing from America? Thank you in advance to everyone who can give information about my case.

See my response to your other post.

A re-entry permit does not maintain your continuous residence, it simply prevents you from losing your green card.

You need to return to the US and actually live here then wait five years and apply.

[aaron2020 11,651]

Hijacking another person's thread when you already have your own where your questions have been answered is not cool. Stick to your thread. You have been a member long enough to understand the rules. Not cool.

Hi to all!

Would like to ask you a question about "Continuous residence". I became Permanent Resident in May 2012. Here are my dates about my stays IN and OUT of US

2012 May - November (172 days in US)

2012/2013 November - May (178 days out of US)

2013 May - August (109 days in US) - took a re-entry permit and left US

2013/2014 August - April (251 days out of US)

2014 April - September (132 days in US)

2014/2015 September till now I am still out of US.

On 29th of March will be 180 day of my left from America. My re-entry permit exp. date is September 2015. I bought already a flight ticket for april which means i will late with 23 days after this rule of 6 months. Please tell me how i have to count "Continuous residence"? From may 2012 or after my going back to US in 2014 after 251 days out of US but with re-entry permit. And one more question, thinking to change my flight and keep this 180 days, not going over them this year. Can i use my re-entry permit again if i fly in april and make 6 months and 23 days missing from America? Thank you in advance to everyone who can give information about my case.

Edited February 28, 2015 by aaron2020