Jump to content

3 posts in this topic

Recommended Posts

Hi, 

 

   I have a somewhat complex situation and I was wondering if you guys could give your opinions/suggestions: I have been a permanent resident since September 2015 as a spouse of a US citizen. I resided in the US until September 2017, when I left for a job (a fixed 2 year position) in Europe. Of course, I acquired the re-entry permit before I left. I came back to the US for Christmas on December 15, 2017 and stayed until January 7, 2018. I then went back to Europe, again I came back to the US on June 26, 2018 and left on July 14, then again I was back in the US on Dec 2, 2018 and left on Jan 14, 2019. I will be back for good on June 22nd this year. During all this time, my wife lived in the US in our rented apartment which is in both our names and and worked her job. Also, both our cars are on both our names and in addition some of the utilities are on my name. We of course filed for taxes jointly last year and will also do so this year and pretty much did everything that a regular long distance couple would do. From the dates, it's clear that I slightly exceeded 6 months my trip abroad two times by a few days. From https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html 

 

Quote

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.

While I can clearly establish the last two evidences but my concern is with the 1st point which clearly disqualifies me. My question is does any one know whether I can apply for Naturalization after 18 months of returning to the US (to establish continued physical presence) or do I need to wait 24 months + 1 day to establish continued residence again, according to 

 

Quote

3. Eligibility after Break in Residence

An applicant who is required to establish continuous residence for at least 5 years [15] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement [16] may apply two years and one day after returning to the United States to resume permanent residence. [17] 

 

Edited by nbanik1987

Share this post


Link to post
Share on other sites
On 2/18/2019 at 8:48 PM, nbanik1987 said:

From the dates, it's clear that I slightly exceeded 6 months my trip abroad two times by a few days. From https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html 

 

It's not clear at all that you exceeded 6 months per trip abroad at all. You should be fine, although USCIS could still review your application for continuous residence for trips under 6 months, especially if you filed taxes stating you were a bona fide resident of a foreign country.

Share this post


Link to post
Share on other sites
On 3/3/2019 at 8:34 PM, afrocraft said:

It's not clear at all that you exceeded 6 months per trip abroad at all. You should be fine, although USCIS could still review your application for continuous residence for trips under 6 months, especially if you filed taxes stating you were a bona fide resident of a foreign country.

Thanks for your response. Actually, I didn't file my taxes as a bonafide resident since my employment in Europe is a fixed 2 year position which disqualifies me from claiming tax exclusion under bonafide resident clause. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×