2 year + 1 day vs. 2 year 6 month after break in continuous residence

[Nitas_man 3,100]

Quick question about a >1 year break in continuous residence

 

What are the advantages of filing N-400 after 2 years and 1 day vs. 2 years and 6 months?  I don’t see a downside or upside either way.

[millefleur 5,035]

Seems like with the 2 years and 1 day option, there's a requirement to "overcome presumption of break in continuity of residence" - which, I'm assuming, would mean more evidence. I'm guess with the 2 years 6 month rule, it's just more straightforward because you're in the clear for the continuous residency requirement.

 

Thus:

2 years 1 day: you can apply sooner but need to submit more evidence and thus do more paperwork. Slight chance of more scrutiny being applied to the case as well.

2 years 6 months: wait longer and have a more straightforward process with possibly less scrutiny. 

[Nitas_man 3,100]

29 minutes ago, millefleur said:

Seems like with the 2 years and 1 day option, there's a requirement to "overcome presumption of break in continuity of residence" - which, I'm assuming, would mean more evidence. I'm guess with the 2 years 6 month rule, it's just more straightforward because you're in the clear for the continuous residency requirement.

 

Thus:

2 years 1 day: you can apply sooner but need to submit more evidence and thus do more paperwork. Slight chance of more scrutiny being applied to the case as well.

2 years 6 months: wait longer and have a more straightforward process with possibly less scrutiny. 

That’s what I’m seeing.

 

March 23 was two years.  The same bundle submitted to prove non-abandonment for SB1 would probably suffice but I’m thinking filing the application in late September would be a file-and-forget case.

 

@geowrian what say you?  We looking at any potholes after the end of September assuming we survive COV in one piece?  Anything special about “returning resident” or are all >1 year breaks considered the same?

 

Thanks!

Edited April 30, 2020 by Nitas_man

[millefleur 5,035]

Yeah, I'd probably just wait it out. Since you were approved fro the SB-1, I'm sure you may have enough evidence, but it would just be less of a hassle to file under the 2 years 6 months requirement. September isn't too far away either.

[geowrian 22,335]

15 minutes ago, Nitas_man said:

@geowrian what say you?  We looking at any potholes after the end of September assuming we survive COV in one piece?  Anything special about “returning resident” or are all >1 year breaks considered the same?

Nothing is special for a returning resident that i can think of or find off-hand.

I concur that waiting for 2y 6m to be on the safe side is probably better.

[Nitas_man 3,100]

6 hours ago, geowrian said:

Nothing is special for a returning resident that i can think of or find off-hand.

I concur that waiting for 2y 6m to be on the safe side is probably better.

Yep 👍