6-12 months oversees visits. When will I be ready for N400?

[U Khan 0]

HI,

 

I want to apply for citizenship as soon as I am eligible, however after knowing the continued residency clause in detail, I am very sad and disappointed. My timelines are:

A- Jan 2015 I got Green Card

B- 2015 Trip#1 oversees for 10.5 months - I did not have any job in US, property, credit card, bank account, car etc for which I can not show easily i had "strong" ties with US

C- 2016 Trip#2 oversees for 4.5 months

D- 2017 I got Re-Entry Permit approved.

E- 2017 Trip#3 oversees for 10.5 months - I had valid re-entry permit. I also had bunch of credit cards and bank account. I did not have employer in US. I did sell my house in  home country and returned to US.

F- Returned US in July-2018 and since then have not gone abroad and don't plan to go out more than 1-2 weeks if I have to.

 

Apart from above, I have three trips to Canada for 2-3 days each in different years as well. I was not living in US prior to Jan 2015.

 

I have been working in US and filing taxes since 2018. I did file 0 tax for prior years. I purchased home in Dec2018 as well.

 

If I take from the time i got my green card initially, I would be eligible in Jan 2020 to apply for N400. But I dont have anything solid to prove.

If I take after my trip#1, the 5 years will move on to Dec 2020

 

Is there a possibility that USCIS accept the continued residency from 2016 onwards including 2 trips of (#2) 4.5 months and (#3) 10.5 months? Trip #3 I had reentry permit, but what does  USCIS consider "strong ties" to US? None of my close relatives/family was here in US. What is the soonest recommendation to apply N400?

 

 

[cyclone27 710]

July 2023 🙂

[U Khan 0]

2 minutes ago, cyclone27 said:

July 2023 🙂

OMG that answer was really my worst fear 😔😔

[arken 4,197]

If you have any other documents to prove your residency like lease or utility or monthly bank statements showing your residency during 2017 trip, youcan apply in Dec 2020.

Edited November 30, 2019 by arken

[SalishSea 17,928]

36 minutes ago, arken said:

If you have any other documents to prove your residency like lease or utility or monthly bank statements showing your residency during 2017 trip, youcan apply in Dec 2020.

That compensates for so much time spent out of the country?

[arken 4,197]

3 hours ago, Jorgedig said:

That compensates for so much time spent out of the country?

The only considerable time spent after 2015 is 2017’s 10.5 months that too with reentry permit which by itself shows intent of continuous residency. Moving forward since 2016, if OP’s have few other document’s proving maintaining his residency during that time, time spent during other times are insignificant.

[xyz12345 260]

Acc to USCIS

 

(c) Disruption of continuity of residence—(1) Absence from the United States—(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under §316.2 (a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

 

 

 

After Trip #1

OP did not have A and B. I don't know about D but he can prove C if he had rental agreements for a house/apt/room, electric bills etc like @arken. mentioned. If he had, then 5 yrs would be Dec2020.

 

I think worst case scenario would be N-400 application 4 years and 1 day after July 2018.

Since there is a gap of 2 years between two possible scenarios, is there any harm in applying other than losing the application fee if he can prove C (and no D) of continuous residence requirements (and assuming meeting other naturalization requirements)? Did OP file US income tax returns since 2015?

 

Here are some examples:

(p7) https://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

“Continuous Residence” Example•

*An applicant became a Permanent Resident on January 1, 1994.• She lived in the United States for 3 years, then returned to her native country for 1 year and 3 months.• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent Resident status.• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

*Question: When is the applicant eligible for naturalization?

*Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364 days the applicant was out of the United States count toward her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not.

 

 

https://citizenpath.com/continuous-residence-physical-presence-requirements/

Example 2: Edward

• Jan 1, 2000 – Edward becomes a permanent resident through employment.
• Jan 1, 2001 to Jan 2, 2002 – Edward took a 1-year vacation to the Philippines and came back with a reentry permit. He took no other trips abroad.
• Jan 1, 2005 – Though it’s been 5 years since Edward became a green card holder, his vacation from Jan 1, 2001 to Jan 2, 2002 disrupted the continuous residence requirement because the trip was over a year. Thus, the clock started again on Jan 3, 2002.
• Jan 3, 2006 – Edward is eligible to apply for naturalization under the “four years and one day” rule. He can file Form N-400 four years and one day after returning to the U.S.

 

 

[geowrian 22,337]

Only way to know for sure if USCIS will consider continuous residence broken  or not would be to apply and find out. That said, the circumstances as described makes it appear to be a long shot IMO - no US employment, no immediate family in the US, etc. And this isn't a ~6-7 month trip but much closer to the maximum 1 year before continuous residence is not just presumed to be broken but must be considered broken.

It's the IO's judgement call here.

 

A reentry permit does not show continuous residency or intent to maintain continuous residency. It provides for maintaining permanent residency during extended breaks abroad, nothing more.

 

USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3)

Key phrases bolded:

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.

 

Edited December 1, 2019 by geowrian

[Lucky2Lucky 2,526]

Assuming OP isn’t married to a US citizen they would need 5 years in US. That’s 1825 days.. would an easy way to figure this out is to add up the days spent in the US and once hit 1825 be eligible?? @geowrian

[Nitas_man 3,100]

13 hours ago, Jorgedig said:

That compensates for so much time spent out of the country?

No LOL

[Nitas_man 3,100]

15 hours ago, U Khan said:

HI,

 

I want to apply for citizenship as soon as I am eligible, however after knowing the continued residency clause in detail, I am very sad and disappointed. My timelines are:

A- Jan 2015 I got Green Card

B- 2015 Trip#1 oversees for 10.5 months - I did not have any job in US, property, credit card, bank account, car etc for which I can not show easily i had "strong" ties with US

C- 2016 Trip#2 oversees for 4.5 months

D- 2017 I got Re-Entry Permit approved.

E- 2017 Trip#3 oversees for 10.5 months - I had valid re-entry permit. I also had bunch of credit cards and bank account. I did not have employer in US. I did sell my house in  home country and returned to US.

F- Returned US in July-2018 and since then have not gone abroad and don't plan to go out more than 1-2 weeks if I have to.

 

Apart from above, I have three trips to Canada for 2-3 days each in different years as well. I was not living in US prior to Jan 2015.

 

I have been working in US and filing taxes since 2018. I did file 0 tax for prior years. I purchased home in Dec2018 as well.

 

If I take from the time i got my green card initially, I would be eligible in Jan 2020 to apply for N400. But I dont have anything solid to prove.

If I take after my trip#1, the 5 years will move on to Dec 2020

 

Is there a possibility that USCIS accept the continued residency from 2016 onwards including 2 trips of (#2) 4.5 months and (#3) 10.5 months? Trip #3 I had reentry permit, but what does  USCIS consider "strong ties" to US? None of my close relatives/family was here in US. What is the soonest recommendation to apply N400?

 

 

Your residency appears to have re-started July 2018 as you do not appear to have had a physical residence, employment, or any family in the US during your 10 month absence.

Your re-entry permit is irrelevant.

[carmel34 3,639]

5 hours ago, Luckycuds said:

Assuming OP isn’t married to a US citizen they would need 5 years in US. That’s 1825 days.. would an easy way to figure this out is to add up the days spent in the US and once hit 1825 be eligible?? @geowrian

Not how it works.  Number of total days in the US is not what matters.  The key is "continuous residence."  An LPR who breaks the continuous residence definition by leaving the US for more than six months at a time, repeatedly, within their period of required continuous residence, normally three or five years, would never satisfy the requirement needed to become a US citizen because their continuous residence clock would start over every time they returned.

Edited December 1, 2019 by carmel34

[xyz12345 260]

6 hours ago, Luckycuds said:

Assuming OP isn’t married to a US citizen they would need 5 years in US. That’s 1825 days.. would an easy way to figure this out is to add up the days spent in the US and once hit 1825 be eligible?? @geowrian

N-400 only needs 30 out of 60 months  to be present in the US for 5-yr residency based applic and 18 months for 3-yr marriage based applications. Continuous residence is another thing. That why people always suggest not to be overseas for 6 months straight (and less than 1 year) because unless proven otherwise, it can disrupt continuous residence.

Edited December 1, 2019 by xyz12345

[U Khan 0]

Thank you everyone for very helpful comments.

 

Yes I misunderstood the continuous residency part, fulfilling only the US presence of 30 months rule but that was a mistake on my part. Contd residency is as important as US presence.

 

I am not married to US citizen. I did not have any abode/lease in US for the trips I made oversees. I technically did have a lease agreement on paper but I negotiated with landlord to cancel it mid way, so basically I don't have strong evidence to prove it was temporary visit, other than re-entry permit that proves little, only maybe an intent to return which carries not much weight as I understand. I did not work/do job oversees in this time but not sure how to prove it.

 

So I believe after reading all the comments, the most accurate and safest option is to go for 4year+1day rule from my last return in July 2018 and file N400 in July 2022.

 

Just wondering, if I do apply sooner and I get rejected, is there any other drawback other than losing the application fee? Does one rejection impact the subsequent applications as well? 

[geowrian 22,337]

25 minutes ago, U Khan said:

Just wondering, if I do apply sooner and I get rejected, is there any other drawback other than losing the application fee? Does one rejection impact the subsequent applications as well? 

No impact - just the wait/effort/fee.