N-400 Concerns Continuous Residence + Part 6a

[Rosem11 0]

Hello,

I appreciate any advice on how to proceed.

My situation is as follows:

I am applying for naturalization along with both my parents and younger brother (aged 19). We have been residents since 2004.

While my parents and brother satisfy all naturalization requirements with no foreseeable complications, my case is more complicated.

During the last 3 years I took 2 temporary teaching contracts abroad lasting 1 year each in Korea. I re-entered the U.S. several times making sure the trips didn’t last more than 6 consecutive months.

-I filed taxes to the US for both of the years I was out. (I don’t owe any back taxes)

-I was claimed as a dependent by my father on his tax return (I did not claim myself).

-I live with my parents and depend on them right now.

-I have kept bank accounts, a driver’s license and all credit cards with my parent’s home as primary residence during my time outside.

What complications can I expect to encounter with the immigration officer on the time of the interview and how can I be prepared?

Also, since I worked those two years in Korea, I was supplied temporary housing by my employer (of the same nature as the year long contract). Should I report those two tax homes as previous residences (Part 6a of the N-400)? And if I do, should I make the time that I resided in them overlap with my current residence?

Thank you for any advice you can provide.

Sincerely,

Rodrigo

Edited March 14, 2012 by Rosem11

[warlord 73]

Hello,

I appreciate any advice on how to proceed.

My situation is as follows:

I am applying for naturalization along with both my parents and younger brother (aged 19). We have been residents since 2004.

While my parents and brother satisfy all naturalization requirements with no foreseeable complications, my case is more complicated.

During the last 3 years I took 2 temporary teaching contracts abroad lasting 1 year each in Korea. I re-entered the U.S. several times making sure the trips didn’t last more than 6 consecutive months.

-I filed taxes to the US for both of the years I was out. (I don’t owe any back taxes)

-I was claimed as a dependent by my father on his tax return (I did not claim myself).

-I live with my parents and depend on them right now.

-I have kept bank accounts, a driver’s license and all credit cards with my parent’s home as primary residence during my time outside.

What complications can I expect to encounter with the immigration officer on the time of the interview and how can I be prepared?

Also, since I worked those two years in Korea, I was supplied temporary housing by my employer (of the same nature as the year long contract). Should I report those two tax homes as previous residences (Part 6a of the N-400)? And if I do, should I make the time that I resided in them overlap with my current residence?

Thank you for any advice you can provide.

Sincerely,

Rodrigo

Again several trips before 6 months is meaningless. It's about the nature of your trip not coming back to visit for a short time before 6 months. An IO can determine you broke residency and/or abandoned your GC if you've been gone 2 months or may not have an issue if you've been out 8 months. It depends on a lot of factors. The 6 months deal only means that before 6 months the IO would have to prove you broke continuous residency and/or abandoned the GC and after 6 months it would change where it would be up to you to prove that you didn't break continuous residency and/or abandoned GC.

So with that out of the way, you have been living outside the US for a bout a year each time in the past 3 years. This not only will break your residency, but now you will have to do a lot of foot work and such to prove to the IO and INS that you did not abandon your GC during this process. I hope you had a re-entry permit as that will at least preserve your GC in most cases. Without that, anything can happen, it will depend on all the evidence you can produce to the IO that you in fact didn't abandon your GC while working outside the US for a year...

[Rosem11 0]

Again several trips before 6 months is meaningless. It's about the nature of your trip not coming back to visit for a short time before 6 months. An IO can determine you broke residency and/or abandoned your GC if you've been gone 2 months or may not have an issue if you've been out 8 months. It depends on a lot of factors. The 6 months deal only means that before 6 months the IO would have to prove you broke continuous residency and/or abandoned the GC and after 6 months it would change where it would be up to you to prove that you didn't break continuous residency and/or abandoned GC.

So with that out of the way, you have been living outside the US for a bout a year each time in the past 3 years. This not only will break your residency, but now you will have to do a lot of foot work and such to prove to the IO and INS that you did not abandon your GC during this process. I hope you had a re-entry permit as that will at least preserve your GC in most cases. Without that, anything can happen, it will depend on all the evidence you can produce to the IO that you in fact didn't abandon your GC while working outside the US for a year...

Thank you for your response.

Now my question is would the following be enough to convince an IO that I did not in fact abandon residency:

-My tax information

-My bank statements

-The visa that I was given for Korea was of 1 year and tied only to the company I was working for (under their laws I could not work for anyone else)

-The housing was as temporary as the contract

-my immediate family (on which I depend financially remained in the united states and in my primary residence)

-I have now been in the united states for 4 months

- my immediate family will become citizens (they pass all requirements with flying colors)

Also, What is it you mean by "preserving your GC?"

Is my status in danger even if I am already in the country?

[mandixon 9]

Thank you for your response.

Now my question is would the following be enough to convince an IO that I did not in fact abandon residency:

-My tax information

-My bank statements

-The visa that I was given for Korea was of 1 year and tied only to the company I was working for (under their laws I could not work for anyone else)

-The housing was as temporary as the contract

-my immediate family (on which I depend financially remained in the united states and in my primary residence)

-I have now been in the united states for 4 months

- my immediate family will become citizens (they pass all requirements with flying colors)

Also, What is it you mean by "preserving your GC?"

Is my status in danger even if I am already in the country?

So What happened? Can you update your story so everyone learns from your experience? Thanks!

[Rosem11 0]

So What happened? Can you update your story so everyone learns from your experience? Thanks!

I obtained my citizenship back in August, the same day that I had the interview. The ceremony and interview took place in Mt. Laurel NJ.

I met the physical presence requirement just barely at more than 800 days out.

To establish continuous residence, the IO viewed my entire history and not only the last 5 years to make his determination. Since I re-entered every 6 months during my employment abroad, and the employment was limited to 2 yearly contracts, he didn't see a problem with my case. During the last 10 years of keeping a home in the country, and 8 of those years as a greencard holder, only the last 3 years have prolonged absenses with trips lasting almost 6 months.

I was ready with a very thick folder full of proof that I still retained ties with the US. I had everything from pictures, bank statements, facebook pages to affidavits signed off by my parents and friends that remained in the US. I didn't even have to open it. Even if I didn't use it, making it made me feel much better about the whole process.

[mandixon 9]

I obtained my citizenship back in August, the same day that I had the interview. The ceremony and interview took place in Mt. Laurel NJ.

I met the physical presence requirement just barely at more than 800 days out.

To establish continuous residence, the IO viewed my entire history and not only the last 5 years to make his determination. Since I re-entered every 6 months during my employment abroad, and the employment was limited to 2 yearly contracts, he didn't see a problem with my case. During the last 10 years of keeping a home in the country, and 8 of those years as a greencard holder, only the last 3 years have prolonged absenses with trips lasting almost 6 months.

I was ready with a very thick folder full of proof that I still retained ties with the US. I had everything from pictures, bank statements, facebook pages to affidavits signed off by my parents and friends that remained in the US. I didn't even have to open it. Even if I didn't use it, making it made me feel much better about the whole process.

Thanks a lot for the update and congrats for becoming a citizen. Your story is definitely inspiring for those in a similar situation.