Im elegible for 4/2 years + one day rule?

[jess100 53]

Not sure if this is helpful but maybe if  you have a lawyer you can show continuous residence by the three things listed below.

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. ^[11]

 

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: ^[12]

 

•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.

[SleepyPanda 10]

22 hours ago, jess100 said:

Not sure if this is helpful but maybe if  you have a lawyer you can show continuous residence by the three things listed below.

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. ^[11]

 

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: ^[12]

 

•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.

Can anyone provide examples of evidence for 'The applicant's immediate family remained in the United States' and 'The applicant retained full access to his or her United States abode' - if that home was thair parents address?

Thanks in advance.

[geowrian 22,335]

1 hour ago, SleepyPanda said:

Can anyone provide examples of evidence for 'The applicant's immediate family remained in the United States' and 'The applicant retained full access to his or her United States abode' - if that home was thair parents address?

Thanks in advance.

Enrollment in school? Passport copies? Affidavits?

 

Affidavit from the parents about the living arrangement.

 

This path is 100% possible. But it's completely the IO's call. Given the existing denial, I doubt that can be overcome without at least a new filing. Only thing to lose is the filing fee + time.

Personally I'd wait until I know I would qualify for citizenship before going through all the steps and waiting.

[SusieQQQ 11,584]

14 hours ago, SleepyPanda said:

Can anyone provide examples of evidence for 'The applicant's immediate family remained in the United States' and 'The applicant retained full access to his or her United States abode' - if that home was thair parents address?

Thanks in advance.

 Would clearly only work if applicant actually lived with his parents both before the move and after return. Any correspondence or other documents (schools, bank, etc) using that address would be one way, obviously again both before and after.  

[SleepyPanda 10]

9 hours ago, SusieQQQ said:

 Would clearly only work if applicant actually lived with his parents both before the move and after return. Any correspondence or other documents (schools, bank, etc) using that address would be one way, obviously again both before and after.  

 

21 hours ago, geowrian said:

Enrollment in school? Passport copies? Affidavits?

 

Affidavit from the parents about the living arrangement.

 

This path is 100% possible. But it's completely the IO's call. Given the existing denial, I doubt that can be overcome without at least a new filing. Only thing to lose is the filing fee + time.

Personally I'd wait until I know I would qualify for citizenship before going through all the steps and waiting.

Thanks for the response.

I plan to get a lawyer help me prepare the evidence.