Continuous residence requirement - Multiple absences of less than 6 months

[Ebene 2]

Between November 24^th 2020 and December 26^th 2021 I had two job assignments in Germany, one for about 3 weeks and the other one for 12 month. During this time I traveled 3 times back to the US:

From	To	Days USA		From	To	Days Germany
04/02/21	04/11/21	9		11/24/20.	04/02/21.	129
07/02/21	07/17/21	15		04/12/21.	07/02/21	81
10/22/21	11/01/21	10		07/18/21	10/22/21	96
12/26/21	N/A	N/A		11/02/21	12/26/21	55

 

Hence, I have spent extensive time outside the US during that period.

So all in all, between November 24^th 2020 and December 26^th 2021 I spent 361 days outside the US. But I was never outside for more than129 consecutive days.

Still I am not sure if I qualify for naturalization when I apply now.

On the positive side I can demonstrate that:

      (A)   I kept a part time job in the US that I could do remotely.

      (B)   My daughter stayed in the US during this time (but not at my house). 

      (C)   I have retained full access to my house in the US (and kept car, bank account, insurances, filed taxes, etc.).

On the negative side I must say that:

      (D)   I did obtain other jobs while abroad in Germany.     

      All other requirements are in good standing.

Should I try it and apply now? Should I rather wait? If I wait, should I wait until January 2027 to have this period completely out of the way?

[OldUser 5,207]

This is an interesting question.

It looks like you can still succeed filing under regular 5 year rule, given you maintained house, bank account and other ties to the US. I assume you paid US taxes all along?

 

Also you can consider filing under 4 years and 1 day rule. That would bring your filing date to late December 2025 instead of January 2027.

 

If you feel like you have supporting documentation and can build a strong case, you should try filing now. The worst case you'd lose a filing fee.

 

Another important part is whether you spent 30 months in the US in the last 5 years. If you did not, then it's not worth applying now.

 

Edited May 17 by OldUser

[Ebene 2]

Thank you for the fast reply, OldUser! Yes, I always paid taxes as US resident. Also I have more than 30 month (913 days) of physical presence in the US. I believe that I fulfill all other requirements besides the questionable period outside the US.

Are there any other consequences to expect besides wasting the filing fee if my case is denied because a break in continuous residency?

[OldUser 5,207]

6 hours ago, Ebene said:

Thank you for the fast reply, OldUser! Yes, I always paid taxes as US resident. Also I have more than 30 month (913 days) of physical presence in the US. I believe that I fulfill all other requirements besides the questionable period outside the US.

Are there any other consequences to expect besides wasting the filing fee if my case is denied because a break in continuous residency?

I wouldn't think you'd have an issue naturalizing. I can't even think why and what pretext USCIS would use to go after GC if they wanted. You should be fine, but this is of course not a legal advice.

[Peot 135]

The requirement notes that you need to maintain continuous residence in the US. Basically, that you didn't want to abandon your status as an LPR in the US. Physical presence is a big part of this, yes, but so is paying taxes. If you had left the US, changed your address, and paid taxes in Germany, etc, while avoiding US taxes as a non-resident, you would have issues.

 

One key point is that it doesn't seem you were ever out of the US for more than 6 months at a time, which I have been told effectively resets those travel/work visas and should also reset your status abroad as well.

 

If you had otherwise abandoned your LPR status due to residency by straying out continuously for more than 6 months, you would be in breach of it and have an "order of removal" against you.

 

Since this is not the case, and you consider the US your legal permanent home, and you have paid US taxes, you should be good to go. 

 

Of course if it ever came up in the N400 interview, you would explain as honestly as you have here that although you worked abroad, it was for fairly short stints (forget the "in total" amount), was temporary, and that you intended to maintain your residency in the US despite that. I doubt it would be an issue for you at all, but honesty will get you where you need to be in the end, always. 

[Ebene 2]

Thank you Peot for the additional feedback. It makes me feel more comfortable to move forward with the n-400 application now. I totally agree that honesty is the basis of a successful application. But it is good advice to not point directly to the total amount of days and view each trip individually.  

[Ontarkie 13,995]

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