Preserving Eligibility for Naturalization while abroad

[Justkeepgoing 3]

Hey there, long time no see.

I'm going to try and be short and sweet - I've become sick and had to go to my home country for treatment, which has been unfortunately unavailable in the US.

While abroad, my husband has been diagnosed with cancer, and is waiting for a CT scan to reveal whether the cancer has spread anywhere outside of the original growth.

Now I'm staying abroad not only for myself, but also to relieve my husband of costs of seeking treatment for both of us. As much as I'd want to stay with him, I don't want to endanger his life, as I'm unable to work suffering from my own condition.

I've been staying with my mother for 4 months. I've been physically present and lived in the US for 4,5 years before this trip.

I've read that I need to come back to the US before 6 months are up or I'll lose the ability to apply for citizenship, needing to stay there for another three years. Ideally, I'd like to get citizenship ASAP and take him to see my home country with me for all the time we have left. Can be a year, can be a couple years, but in that time I'd like to be able to travel freely, whatever happens to us, between my country and the US, according to his needs.

My questions are:

1) is there any possible way to prolong my stay outside of the US without facing these penalties?

2)if not, could I instead travel to the US, stay for an amount of time (how short can it possibly be?) and return to my home country for treatment, resetting the 6 months without losing eligibility?

 

I'm sorry about the length of this post. I hope someone is able to help. Thanks for your attention.

[Boiler 45,672]

I would not worry about losing your Residency, we have seen people gone for years without having an issue on re entry.

 

Meeting the requirements to apply for Citizenship is another issue and that would entail quite a few things that may not be practical in your circumstances. https://www.uscis.gov/n-400

 

[Justkeepgoing 3]

Thank you for your answer!

Though I'm not worried about re-entry, I'm worried about losing my progress for naturalization.

What I'm wondering, is how much time do I need to stay in the US after spending 6 months abroad, before going for 6 months abroad again? I'd like to continue my treatment in Europe so I can come back healthy and spry, able to help out my husband in this tough time.

[OldUser 6,890]

1 hour ago, Justkeepgoing said:

 

I've read that I need to come back to the US before 6 months are up or I'll lose the ability to apply for citizenship, needing to stay there for another three years.

That's generally true. If you maintain tied to the US (job, lease or mortgage, banking etc) you may be able to convince USCIS you didn't break continuous residency.

 

But best just not to break it to begin with.

[Boiler 45,672]

At least 90 days just to file.

 I could think of lots of issues so I linked the N400 requirements. I am assuming you do have a job in the US or anywhere to live?

[Justkeepgoing 3]

13 minutes ago, OldUser said:

That's generally true. If you maintain tied to the US (job, lease or mortgage, banking etc) you may be able to convince USCIS you didn't break continuous residency.

 

But best just not to break it to begin with.

That's the thing  -  I want to come back to the US before the 6 months, nice and clean. But I need to come back to Europe *again* to continue treatment, so I was wondering if there is a set amount of time I need to stay in the US before going out to travel again? So for example, would staying in the US for a week (after coming back from 6 months previously spent abroad) and then leaving for another say, 5 months, cause my US presence to reset?

Edited August 31 by Justkeepgoing

[Justkeepgoing 3]

15 minutes ago, Boiler said:

At least 90 days just to file.

 I could think of lots of issues so I linked the N400 requirements. I am assuming you do have a job in the US or anywhere to live?

I'm sick, so I can't work, hence why I mentioned that I'm staying away not to be a financial burden until I get better.

As for living, we rent.

[NorthByNorthwest 357]

4 minutes ago, Justkeepgoing said:

That's the thing  -  I want to come back to the US before the 6 months, nice and clean. But I need to come back to Europe *again* to continue treatment, so I was wondering if there is a set amount of time I need to stay in the US before going out to travel again? So for example, would staying in the US for a week (after coming back from 6 months previously spent abroad) and then leaving for another say, 5 months, cause my US presence to reset?

 

Multiple absences of less than 6 months can definitely be considered breaking the residence requirement - in your case that seems likely. Naturalization is in general the easiest step of the immigration process, but they do scrutinize the presence requirement since that's a fundamental aspect of the application.

 

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.

[Justkeepgoing 3]

3 minutes ago, NorthByNorthwest said:

 

Multiple absences of less than 6 months can definitely be considered breaking the residence requirement - in your case that seems likely. Naturalization is in general the easiest step of the immigration process, but they do scrutinize the presence requirement since that's a fundamental aspect of the application.

 

An officer may also review whether an applicant with multiple absences of less than 6 months each will be able to satisfy the continuous residence requirement. In some of these cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.

I see, so having lived in the US for 4.5 years without traveling anywhere except twice this year will render me inelligible to apply? That's harsh.

As easy as that citizenship step is, you just can't predict your health crumbling down. I'm a bit shocked they don't take that into consideration whatsoever!

[Boiler 45,672]

To be fair your situation is extremely unusual.

 

I would re read the N400 requirements and see if you can make something work for you.

[Justkeepgoing 3]

1 minute ago, Boiler said:

To be fair your situation is extremely unusual.

 

Don't I know it!

 

[NorthByNorthwest 357]

4 hours ago, Justkeepgoing said:

I see, so having lived in the US for 4.5 years without traveling anywhere except twice this year will render me inelligible to apply? That's harsh.

As easy as that citizenship step is, you just can't predict your health crumbling down. I'm a bit shocked they don't take that into consideration whatsoever!

 

I wouldn't worry about it - focus on your your health issues and just make sure you don't stay away so long as to jeopardize your LPR status. In Sweden I would not be able to get any kind of planned healthcare without paying for it since I no longer a resident, only emergency care is free for citizens regardless of residence status. Does Poland offer more?

 

In any case, the only tangible benefits of citizenship is being allowed to vote, opening up federal jobs as well as various jobs that for security reasons require citizenship + of course being able to stay in other countries indefinitely. As long as you maintain your LPR status you can always naturalize later even if the continuous residence counter is reset.

 

Best of luck to both of you!

[SalishSea 17,928]

6 hours ago, Justkeepgoing said:

I see, so having lived in the US for 4.5 years without traveling anywhere except twice this year will render me inelligible to apply? That's harsh.

As easy as that citizenship step is, you just can't predict your health crumbling down. I'm a bit shocked they don't take that into consideration whatsoever!

It has nothing to do with what they “predict” etc.   

[Justkeepgoing 3]

3 hours ago, NorthByNorthwest said:

 

 In Sweden I would not be able to get any kind of planned healthcare without paying for it since I no longer a resident, only emergency care is free for citizens regardless of residence status. Does Poland offer more?

 

I suppose it does. I've had to register my presence at my mother's and visit an office offering healthcare. The visits have been slow, but I've had a wide range of tests done that would've taken me much longer in the US. In all honesty though, I just wish I'd get properly diagnosed and treated already. I'm so homesick.