Doing a Master's Abroad for 2 years, as an LPR

[Minimo 1]

Greetings, 

 

I plan to go to Europe to do a master's abroad for 2 years since it is significantly cheaper there. I am not an EU national. I have lived in the US for almost 3 years now (2 years and 8 months or so to be precise). I have only left for brief travel for a total of 63 days during these years. I want to be able to apply for naturalization as soon as my masters is done and I return permanently back to the US; I know this can have some issues for the physical residency and continuous residency requirements.

 

My questions are, based on my knowledge on the issue: Will I have any issues arise if I come back to the US as soon as each semester is done (before the 6 months mark)? Will I be able to apply for citizenship and not have any issues arise with my residency, as long as I preserve US domicile, file taxes, etc? 

[Khallaf 646]

23 minutes ago, Minimo said:

Greetings, 

 

I plan to go to Europe to do a master's abroad for 2 years since it is significantly cheaper there. I am not an EU national. I have lived in the US for almost 3 years now (2 years and 8 months or so to be precise). I have only left for brief travel for a total of 63 days during these years. I want to be able to apply for naturalization as soon as my masters is done and I return permanently back to the US; I know this can have some issues for the physical residency and continuous residency requirements.

 

My questions are, based on my knowledge on the issue: Will I have any issues arise if I come back to the US as soon as each semester is done (before the 6 months mark)? Will I be able to apply for citizenship and not have any issues arise with my residency, as long as I preserve US domicile, file taxes, etc? 

C. Breaks in Continuous Residence

 

An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. There are two types of absences from the United States that are automatically presumed to break the continuity of residence for purposes of naturalization. ^[9] 

 

•Absences of more than 6 months but less than one year; and

•Absences of one year or more. 

 

An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time. ^[10] 

 

^{also found this} 

 

1. Trips Abroad for 6 Months or Less The general understanding is that trips abroad for 6 months or less do not disrupt continuous residence, and a survey of the ILRC’s partners across the country verify that this has been their experience.6 It is important to note, however, that in July 2015, USCIS updated its Policy Manual to clarify that officers may still review whether multiple absences of less than 6 months may break continuous residence.7 The ILRC has seen one case where this issue led to a naturalization denial. In this particular case, USCIS denied the applicant for lack of continuous residence even though the applicant was gone for less than 6 months.

 

 

 

in short if in the 5 years time span you spend more time out of the USA, than in the USA, you have broken the continued residency that is required for your citizenship, if you have gone out less than in but many 6 month trips or less out, this can also cause your citizenship to be denied at the officers discretion. 

Edited March 14, 2019 by Khallaf