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kw1997

absence of 183 days less than a year

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Hello all

 

I had only one absence in may 26, 2015 for 183 days (more than six months).  Came back Nov 26, 2015. I realize I broke the continuty.

My question is , should i count my five years from May 2015 or the day I entered again in Nov 2015?

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Posted (edited)
3 hours ago, kw1997 said:

Hello all

 

I had only one absence in may 26, 2015 for 183 days (more than six months).  Came back Nov 26, 2015. I realize I broke the continuty.

My question is , should i count my five years from May 2015 or the day I entered again in Nov 2015?

Why are you so sure you broke continuity of residence? For absence less than one year, that presumption is a rebuttable one, which you can overcome by presenting facts and evidence claiming you were absent involuntarily (e.g., family emergency, work) and you maintained a US residence during your absence (e.g., had home, paid utilities, made financial transactions, filed taxes, and kept immediate family in the US).

Edited by afrocraft

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On 6/2/2019 at 1:18 PM, afrocraft said:

Why are you so sure you broke continuity of residence? For absence less than one year, that presumption is a rebuttable one, which you can overcome by presenting facts and evidence claiming you were absent involuntarily (e.g., family emergency, work) and you maintained a US residence during your absence (e.g., had home, paid utilities, made financial transactions, filed taxes, and kept immediate family in the US).

Because  I have a weak argument. I do not possess a house or rent an apartment, I have never worked int his country , have never paid any taxes or utulities, so you can see my weak position. 

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3 hours ago, kw1997 said:

Because  I have a weak argument. I do not possess a house or rent an apartment, I have never worked int his country , have never paid any taxes or utulities, so you can see my weak position. 

I was in same boat as you. I was not at all aware of this continuous residence and happily lived overseas and came back in about 186 days... I also didn't have proper evidence to prove I didn't break continuous residence then.. So waited 5 years from that before I applied N400....

 

It is good I broke some criteria that can be overcome by waiting and which doesn't create any complicated eligibility issues like if you had registered for vote while being on GC etc....

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