USCIS Continous residence policy

[radhk 0]

USCIS released a new policy on continous residence. 

https://www.uscis.gov/sites/default/files/policymanual/updates/20200226-BreaksInContinuousResidence.pdf

 

Based on this new policy once we break the continuous residence by living abroad for more than 6 months & less than a year  we can no longer apply N400 even if we can establish evidence that you have ties with US??

 

would  spouse tax returns , bank statements help in proving the ties with USA??

 

OR Do we have to wait until we reach 5 years of Continuous residence to apply??

 

can you please clarify this policy??

[Boiler 43,401]

You just need to overcome the presumption that residency has been abandoned.

[arken 4,197]

49 minutes ago, radhk said:

USCIS released a new policy on continous residence. 

https://www.uscis.gov/sites/default/files/policymanual/updates/20200226-BreaksInContinuousResidence.pdf

 

Based on this new policy once we break the continuous residence by living abroad for more than 6 months & less than a year  we can no longer apply N400 even if we can establish evidence that you have ties with US??

 

would  spouse tax returns , bank statements help in proving the ties with USA??

 

OR Do we have to wait until we reach 5 years of Continuous residence to apply??

 

can you please clarify this policy??

The policy is clearly saying one can apply for citizenship if he proves the continuous residency. The new policy is just clarifying when one can apply for it if cannot prove the continuous residence.

[radhk 0]

20 minutes ago, arken said:

The policy is clearly saying one can apply for citizenship if he proves the continuous residency. The new policy is just clarifying when one can apply for it if cannot prove the continuous residence.

thanks for the Reply. I do have my spouse Tax return Transcripts for last 10 years and bank statements for different rental payments. would that be sufficient enough to prove??

[Boiler 43,401]

3 minutes ago, radhk said:

thanks for the Reply. I do have my spouse Tax return Transcripts for last 10 years and bank statements for different rental payments. would that be sufficient enough to prove??

So your Spouse is the one who is naturalising, not in itself, where have they been and for how long?

[radhk 0]

5 minutes ago, Boiler said:

So your Spouse is the one who is naturalising, not in itself, where have they been and for how long?

Left US 6/11/2015

Returned 6/6/2016

360 Days

Outside US .  She went to india as her father was        hospitalized and Died same year.   She also had other trips later but they all were shorter. and she still lived in USA more than 30months. (913 days)

Edited February 29, 2020 by radhk
i have pay slips for entire duration as well.

[Boiler 43,401]

I would go with the Father backed up with what she has to show maintain residency.

[radhk 0]

1 minute ago, Boiler said:

I would go with the Father backed up with what she has to show maintain residency.

what documents do you think would help her?? we have his Death certificate .

[JFH 12,189]

*~*~*procedural question moved from “progress reports” to “general discussion”*~*~*

[Boiler 43,401]

Medical records, I would take all you have.

[African Zealot 1,452]

In my opinion because of the current immigration climate and the fact that they have chosen to clarify a policy in a more rigid fashion, one must assume they’re going to review the breaks in the light most unfavorable to the applicant.

 

Thus you must provide abundant evidence to overcome that assumption. Because in her case she cut it very close to the one year mark, plus other absences that you mention expect very heavy scrutiny. She’s essentially at the mercy of the interviewing officer.

 

Note that one could be considered as having broken continuous residence for naturalization even when found not to have abandoned residency.

 

Good luck.

 

 

Edited March 1, 2020 by Ray.Bonaquist

[N400NYC 380]

1 hour ago, Ray.Bonaquist said:

In my opinion because of the current immigration climate and the fact that they have chosen to clarify a policy in a more rigid fashion, one must assume they’re going to review the breaks in the light most unfavorable to the applicant.

I think this is a good point because from what I can see, there isn't anything "new" - they are just drawing attention to this particular rule.

[radhk 0]

On 3/1/2020 at 10:08 AM, Ray.Bonaquist said:

In my opinion because of the current immigration climate and the fact that they have chosen to clarify a policy in a more rigid fashion, one must assume they’re going to review the breaks in the light most unfavorable to the applicant.

 

Thus you must provide abundant evidence to overcome that assumption. Because in her case she cut it very close to the one year mark, plus other absences that you mention expect very heavy scrutiny. She’s essentially at the mercy of the interviewing officer.

 

Note that one could be considered as having broken continuous residence for naturalization even when found not to have abandoned residency.

 

Good luck.

 

 

thanks for the suggestion, If she waits until june 7th 2020 for the 4 year and 1 day Rule  will she be OK?? does she still need to prove continuous residency ???

 

 

[African Zealot 1,452]

23 minutes ago, radhk said:

thanks for the suggestion, If she waits until june 7th 2020 for the 4 year and 1 day Rule  will she be OK?? does she still need to prove continuous residency ???

 

 

She must wait 4 years and 6 months from 6/6/2016 before applying. See below directly from the USCIS website.

 

Quote

 

If the applicant is unable to rebut the presumption, he or she must wait until at least 6 months from reaching the 5-year anniversary of the newly established statutory period following the applicant’s return to the United States. In this example, the newly established statutory period began on August 1, 2018, when the applicant returned to the United States. Therefore, the earliest the applicant may re-apply for naturalization is February 1, 2023, which is at least 6 months from the 5-year anniversary of the pertinent statutory period.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3

 

In my opinion if the money $725 is not a big deal she should go ahead and apply. Worst case she is denied. Remember the fee is going to go up.

 

But first of all why is she waiting for five years to apply? If you’re a citizen and you’re still married to her she only needs 3 years.

[xyz12345 260]

37 minutes ago, radhk said:

thanks for the suggestion, If she waits until june 7th 2020 for the 4 year and 1 day Rule  will she be OK?? does she still need to prove continuous residency ???

 

 

Before 6/11/2015, how long has she been a GC? If more than 1 year, imo YES, she can apply 4 years +1 day after 360 day absence. I'm assuming you're not a USC?