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Zaidba

Continuous Residence and travel

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It has been more than 5 years since I received my GC, but I was out of the US for 9 months during these years. I came back to the US 4 years ago and never left after that. I understand that my 9 months trip may break the continuous residency but would like to get information and advice especially from those who have been in similar situations.

When I left the US in my 9 months trip, I had already bought a house and kept it during my absence and my sons were living in it. I also had a driver's license, car, and bank account. The problem is that I was working abroad during these 9 months and put that in my tax return.

I would like to know if I have a good chance if I apply for naturalization now? or should I wait until I complete 5 years after my return? Also if I decide to apply and get denied, would that mean any possibility of removal? or just applying again. Please advice.

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49 minutes ago, Zaidba said:

It has been more than 5 years since I received my GC, but I was out of the US for 9 months during these years. I came back to the US 4 years ago and never left after that. I understand that my 9 months trip may break the continuous residency but would like to get information and advice especially from those who have been in similar situations.

When I left the US in my 9 months trip, I had already bought a house and kept it during my absence and my sons were living in it. I also had a driver's license, car, and bank account. The problem is that I was working abroad during these 9 months and put that in my tax return.

I would like to know if I have a good chance if I apply for naturalization now? or should I wait until I complete 5 years after my return? Also if I decide to apply and get denied, would that mean any possibility of removal? or just applying again. Please advice.

I would have at least 3-6 more months before you file for N-400. 

 

 

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Posted (edited)
1 hour ago, Zaidba said:

Also if I decide to apply and get denied, would that mean any possibility of removal? or just applying again. Please advice.

Nope, you will only lose the $725 fee and the time and effort, that's it. N400 is checking eligibility for naturalization. Unless they find (during N400 process) any evidence that you obtained green card by fraud, they can't strip you off your permanent resident status even if they deny your N400.

Edited by love_my_wife

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20 hours ago, Cyberfx1024 said:

I would have at least 3-6 more months before you file for N-400. 

 

 

Thank you for your reply. This will make my absence less than 6 months, but does it matter if I was working outside the US during my absence because this will show in my N 400.

20 hours ago, love_my_wife said:

Nope, you will only lose the $725 fee and the time and effort, that's it. N400 is checking eligibility for naturalization. Unless they find (during N400 process) any evidence that you obtained green card by fraud, they can't strip you off your permanent resident status even if they deny your N400.

Thank you for your reply. That is comforting.

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5 minutes ago, Zaidba said:

Thank you for your reply. This will make my absence less than 6 months, but does it matter if I was working outside the US during my absence because this will show in my N 400.

Thank you for your reply. That is comforting.

Did you count that income on your taxes, if so then they won't care about it.

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Your trip exceeding 6 months raises a presumption that you broke the continuity of residence requirement; your work abroad likely seals your fate -- denial -- unless you can show that you intended to return before the 6 months were up, but there were compelling circumstances (e.g., family illness) that kept you abroad. How you make that case depends on your particular circumstances.

 

Good luck!

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On 3/24/2019 at 10:13 PM, afrocraft said:

Your trip exceeding 6 months raises a presumption that you broke the continuity of residence requirement; your work abroad likely seals your fate -- denial -- unless you can show that you intended to return before the 6 months were up, but there were compelling circumstances (e.g., family illness) that kept you abroad. How you make that case depends on your particular circumstances.

 

Good luck!

Thank you. very important remark about work that should be looked at carefully. 

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