I'm in a bit of a quandary

[arretedapeller 0]

I am about to apply for citizenship, and I am really uncertain about whether I am even eligible or not.

Background

I have been a green card holder since 2004. I was 14 when I acquired my GC (through my mother who emigrated here as a nurse from the Philippines). I have lived in the same city until 2009. I graduated from high school in 2008, and attended an US university (in the same city) from 2008-2009.

However, I was a bit unsatisfied with the education I was receiving, and I wanted to transfer really badly. I have looked at transferring to another American university, but most of them gave high preference to students who have earned enough credits to be considered a Junior. Now, I have always wanted to go across the Atlantic, so I looked at UK universities. I found that their requirements were more in line with what I had (one year's worth of university credits = liberal arts, and they also honored AP credits). Furthermore, my transcript would've started from scratch, which was great for me since I lost footing in a couple of classes which resulted in some dismal grades.

I left for the UK in September 2009. I was careful to try to come back every 6 months. I know I should've applied for citizenship before leaving, but there simply wasn't enough time. I had about 3 months between the date I would've been eligible to apply, and the date that I was leaving for the UK. I was due to come home in December, but finances were a bit short and I couldn't afford the plane ticket, so I was out 9 months when I finally returned in June. The CBP officer was kind enough to hear me out, and let me back in, as well as gave me pointers on what applications to file if I wanted to stay out for more than a year. Since then, I have been careful to come back every 6 months (winter for a few weeks, then 3 months every summer), and have had no problem since. I have also recently graduated, and am looking at PhD programs in the US.

Now, I am filling out the application form. I know most GC holders file for naturalization as soon as they are eligible, but obviously I was not able to do so. The application asks for where I've been and what I had done in the past 5 years. Technically, I have been out for more than 30 months since 2007, but I have maintained a bank account and a driver's license etc. I was listed as a dependent on my parents' last tax return. I have also done some volunteer work last summer when I was here. I've always listed my residency as US

Onto my question. Since I wasn't completely here for the last 5 years, am I actually even eligible to apply?

[JoannaV 174]

You need to have been living for at least three months in the USCIS district/state where you're applying from.

You need to have been physically present in the US for at least 30 months out of the past 5 years. There is no way around this so do not send off the N-400 until this is true.

You should have been absent from the US for no more than 6 months at a time. However there are exceptions:

"(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not dis rupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad."

Hopefully someone else can give you some specific advice on this particular issue, as I don't know anything about how they apply this in practice. It seems clear that studying abroad does not imply giving up your permanent residency, however that doesn't mean it's considered continuous. So hopefully someone who has been in a similar situation can advise.

Edited July 27, 2012 by JoannaV

[arretedapeller 0]

My immediate family has stayed here (recently moved back in with them). My mother was also recently naturalized. I've never been employed in the UK, and was a full time student. I have their mortgage payments, payslips, and tax returns for the past 3 years as well.

[immitale 0]

Don't apply, you will be denied since your primary residence was clearly UK.

[ceadsearc 516]

You've maintained residency, but that doesn't mean you meet the physical precense requirement. They're two separate things. Wait until it has been 30 months in the past 5 years and then apply. Otherwise, you're just wasting time and money.

[JoannaV 174]

You will have to wait till at least such a time as you can say you've spent 30 months of the past 5 years in the US. The question is whether you'll be able to apply then or if you have to wait even longer, until it's been 5 years since you returned from the 9 months away. I know the conditions A-D seem to apply to you, but I don't know if it's sufficient. You need to find people who have been in a similar situation. The list of conditions is not exhaustive and merely gives examples. Adjudicators may feel that being a student is more akin to employment than, say, travelling or visiting sick people. You're not able to show that you maintained a primary household in the US with you as head of household.