A Question About Naturalisation

[jonovatt 0]

Hi all,

I became a 10y green card holder in Jan 2011.I stayed in the US till July 2011 and left to my home country for certain family matters. I re entered in July 2012, so that my immigration status does not lapse, and returned to my home country after one week. I finally re entered the US in May 2013, and have been living here since.

In the normal course of events, I know that I would be eligible for naturalisation in 5 years time, ie, by Jan 2016. So, given my circumstances, would I still be eligible for naturalisation by the given date, if I continue to remain in the US? Or would it take longer because I had been outside the country for that period of time?

Thanks, in advance.

[bigdog 377]

http://www.uscis.gov/ Check on Citizenship, review the requirements and apply if you meet them. It's always better to do your own research.

[milimelo 4,671]

From what you've written, you'd start fresh from May 2013 when you finally settled in the us for the 5 yrs residence for naturalization. This because you spent more than 6 months - in your case a year away so your residency clock for naturalization reset. So 2018?

[jonovatt 0]

http://www.uscis.gov/ Check on Citizenship, review the requirements and apply if you meet them. It's always better to do your own research.

So bigdog,

I think discussing this on a forum of your peers would count as research. Thank you so much, for your observation and the link.

[jonovatt 0]

From what you've written, you'd start fresh from May 2013 when you finally settled in the us for the 5 yrs residence for naturalization. This because you spent more than 6 months - in your case a year away so your residency clock for naturalization reset. So 2018?

People have said that to me, but I don't see the same mentioned anywhere on the website. For example, on the web page at this link,

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/path-us-citizenship , what I see are these points,

• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application
• Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization up to the time of naturalization

It doesn't say that my absence from the US for more than 6 months would cause me to postpone my application. The way I see it is, I need to be in the US physically for the last 30 months of that 5 year period.

Which is why I am having my doubts. What do you think?

Edited January 17, 2014 by jonovatt

[Shub 78]

Hi all,

I became a 10y green card holder in Jan 2011.I stayed in the US till July 2011 and left to my home country for certain family matters. I re entered in July 2012, so that my immigration status does not lapse, and returned to my home country after one week. I finally re entered the US in May 2013, and have been living here since.

In the normal course of events, I know that I would be eligible for naturalisation in 5 years time, ie, by Jan 2016. So, given my circumstances, would I still be eligible for naturalisation by the given date, if I continue to remain in the US? Or would it take longer because I had been outside the country for that period of time?

Thanks, in advance.

Lots of people make the same mistake you did: thinking that the permanent resident card is a come-and-go-as-you-please card. The way I look at it, you were very lucky that they even let you back in in May of 2013. Your green card may have been confiscated by CBP on the spot. Leaving the country for a year, coming back for a week and leaving for another 10 months is pretty much like being out of the country for a year and 10 months. The green card is for living in the US and traveling outside of the US without having to worry about visas, not for living outside of the US and coming back for visits every now and then.

Before you think I'm being terse or patronizing, don't -- I'm only explaining how it works from the government's point of view.

Let's be clear about something: being out of the country for more than 6 months but less than 1 year may or may not reset your counter toward an application for naturalization. It depends on the circumstances; USCIS will ask you questions about such an absence and it will be up to you to demonstrate convincingly that you did not break the continuity of your permanent residence.

However, leaving the country for more than a year is always a break in the continuity of your permanent residence. The only way I'm aware of to prevent breaking that continuity is to file form N-470, but I doubt you were eligible for it.

You may want to read part C of http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html to get a better understanding of this.

Edited January 17, 2014 by Shub

[NigeriaorBust 4,087]

When you left in July and returned the next July what were the 2 dates ?

1. Absence of More than Six Months (but Less than One Year)

An absence of more than six months (more than 181 days but less than one year (less than 365 days)) during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.^[10]

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:^[11]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

• The applicant’s immediate family remained in the United States.

• The applicant retained full access to his or her United States abode.

2. Absence of One Year or More

An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application.^[12]

The naturalization application of a person who is subject to the continuous residence requirement must be denied for failure to meet the continuous residence requirements if the person has been continuously absent for a period of one year or more without qualifying for the exception benefits of INA 316(b). An applicant who is absent for one year or more to engage in qualifying employment abroad may be permitted to preserve his or her residence.^[13]

3. Eligibility af Edited January 17, 2014 by NigeriaorBust

[girimurthy 5]

People have said that to me, but I don't see the same mentioned anywhere on the website. For example, on the web page at this link,

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/path-us-citizenship , what I see are these points,

• Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
• Have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of filing the application
• Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application
• Reside continuously within the United States from the date of application for naturalization up to the time of naturalization

It doesn't say that my absence from the US for more than 6 months would cause me to postpone my application. The way I see it is, I need to be in the US physically for the last 30 months of that 5 year period.

Which is why I am having my doubts. What do you think?

I agree with shub above. You will be asked a lot of question during the interview and without an N-470 it might get rejected. Rather be happy that they did not take away the green card and wait till 2018 for filing the N-400.

[NigeriaorBust 4,087]

If you went through ROC you had a 2 year green card, If you had stayed married to the person that you got the green card through and that person was a USC you could have applied for USC 3 years after the first green card. but you now have created issues and need to wait. If you file now chances are when they review your travel they will not only deny your application but also revoke your green card for failure to reside in the US ( 1 week isn't residing in the US ) If you worked overseas you are royally hosed.

[jonovatt 0]

When you left in July and returned the next July what were the 2 dates ?

1. Absence of More than Six Months (but Less than One Year)

An absence of more than six months (more than 181 days but less than one year (less than 365 days)) during the period for which continuous residence is required is presumed to break the continuity of such residence. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship.^[10]

An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.

An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence. The evidence may include, but is not limited to, documentation that during the absence:^[11]

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad.

• The applicant’s immediate family remained in the United States.

• The applicant retained full access to his or her United States abode.

2. Absence of One Year or More

An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application.^[12]

The naturalization application of a person who is subject to the continuous residence requirement must be denied for failure to meet the continuous residence requirements if the person has been continuously absent for a period of one year or more without qualifying for the exception benefits of INA 316(b). An applicant who is absent for one year or more to engage in qualifying employment abroad may be permitted to preserve his or her residence.^[13]

3. Eligibility af

Well, I left on 2 August 2011 and re-entered in July 2012..

[jonovatt 0]

Lots of people make the same mistake you did: thinking that the permanent resident card is a come-and-go-as-you-please card. The way I look at it, you were very lucky that they even let you back in in May of 2013. Your green card may have been confiscated by CBP on the spot. Leaving the country for a year, coming back for a week and leaving for another 10 months is pretty much like being out of the country for a year and 10 months. The green card is for living in the US and traveling outside of the US without having to worry about visas, not for living outside of the US and coming back for visits every now and then.

Before you think I'm being terse or patronizing, don't -- I'm only explaining how it works from the government's point of view.

Let's be clear about something: being out of the country for more than 6 months but less than 1 year may or may not reset your counter toward an application for naturalization. It depends on the circumstances; USCIS will ask you questions about such an absence and it will be up to you to demonstrate convincingly that you did not break the continuity of your permanent residence.

However, leaving the country for more than a year is always a break in the continuity of your permanent residence. The only way I'm aware of to prevent breaking that continuity is to file form N-470, but I doubt you were eligible for it.

You may want to read part C of http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html to get a better understanding of this.

Wow! The link you sent me was really detailed! Thanks a bunch.....and you are right, I've been really lucky...lets see, so, 2018 then...

[christeen 966]

Any absence over 6 months is considered a break in continuos residence and the click is reset. You are also very lucky that you still have your GC as your 1st extended absence could be viewed as GC abandonment. I would stay in the USA and keep a low profile uscis wise (not roll the dice applying for citizenship) till you have fulfilled the requirements, which I see as 90 days prior to May 2018

[Shub 78]

If you went through ROC you had a 2 year green card, If you had stayed married to the person that you got the green card through and that person was a USC you could have applied for USC 3 years after the first green card. but you now have created issues and need to wait. If you file now chances are when they review your travel they will not only deny your application but also revoke your green card for failure to reside in the US ( 1 week isn't residing in the US ) If you worked overseas you are royally hosed.

To be fair, at one time I was in a situation similar to jonovatt and never had a problem, but my situation was different and not as bad-sounding. I was out of the country for just over a year and maintained my place of residence in the US, but I did work abroad for about a year. USCIS never took my green card away and CBP barely blinked when I came back for real (with my USC wife in tow, she had accompanied me on my extended trip abroad).

A couple of years later I spoke to an immigration lawyer and asked about that aspect of my situation and he said that USCIS doesn't typically revoke green cards even for "offenses" far worse than that.

Everything with USCIS is on a case-by-case, individual basis, with the INA and precedent law as the foundation for their decisions.

So now that he's back in the country and hopefully showing "signs" of being established here (rent/mortgage, proper job, etc.) like a PR should be, and if he applied for naturalization now, my guess is the worst that could happen is they deny the application outright and tell him to try again later.

I would have been eligible to apply for citizenship under the 3-year rule back in the fall of 2010 but chose to wait until I had 3+ years of continuous residence anyway (I came back here in June 2010). I was in no hurry and didn't want my application to be denied or any kind of trouble.

Any absence over 6 months is considered a break in continuos residence and the click is reset. You are also very lucky that you still have your GC as your 1st extended absence could be viewed as GC abandonment. I would stay in the USA and keep a low profile uscis wise (not roll the dice applying for citizenship) till you have fulfilled the requirements, which I see as 90 days prior to May 2018

No, that's incorrect, or rather, misleading. Please see the link I posted earlier regarding the finer points of these matters.

[christeen 966]

But the 1 year absence does break the continuous residence presumption ... Ther are no factors or exemptions (such as exists for 6-12 month absences) that I see.... The idea of US residence is to reside in the USA... The OP based upon his dates and time absent has not met these requirements. I still calculate his date for applying as 90 days prior to May 2018 unless you come up with a different calculation?

[Shub 78]

But the 1 year absence does break the continuous residence presumption ... Ther are no factors or exemptions (such as exists for 6-12 month absences) that I see.... The idea of US residence is to reside in the USA... The OP based upon his dates and time absent has not met these requirements. I still calculate his date for applying as 90 days prior to May 2018 unless you come up with a different calculation?

No, I agree with you. You said in your previous post that any absence of 6 months or more breaks the continuity, that was what I disagreed with, because it's a bit more complicated and there is a distinction between absences of more than 6 months but less than a year and absences of more than a year.