N400 - TIME OUTSIDE OF USA

[MAX_Q 0]

Hello,

I’ve been physically present in the United States for at least 913 days within the past five years. During this period, I also took a six-month trip abroad; however, I can provide a doctor’s letter stating that I was advised not to travel during the COVID-19 period. As a result, from the time I returned from that trip, I have 820 days of physical presence in the U.S.

In short:

 

– If counting the full five years and treating the six-month absence as an excused leave, I have more than 913 days in the U.S.

– If counting only from the date I returned from that absence, I have 820 days. 

 

I’m seeking advice on whether I should apply now and include the doctor’s letter with my application, or wait until I accumulate more days.

Thanks

[OldUser 10,515]

There's two things: continuous residence and physical presence. You seem to be focused on physical presence ignoring continuous residence requirement 

 

Questions for you

1) When was this 6+ months trip?

2) When were you back to the US after this trip?

3) While you were away, did you maintain US job, US lease (or maybe you own your place?)

 

 

 

Edited 6 hours ago by OldUser

[MAX_Q 0]

1. It was from September 21 to March 22

2. I stayed continually with trips outside of US under 6 months

3. No I'm a stay home mother, was a roommate with my brother for the. I can prove that both my children were here though  

[OldUser 10,515]

So if you were back to the US in March 2022, you can safely apply for N-400 under 5 years rule with 4 year 1 day exception.

 

Example: You returned to the US on September 1, 2022. Then you can apply for N-400 on September 2nd 2026 or later. This is 4 years and 1 day since coming back to US from 6+ months trip.

 

You don't seem to have lease, you don't seem to have job. These are good pieces of evidence of maintaining continuous residence which you don't have.

 

You can file N-400 today, but you may get denied. Unless you prove to officer to his or her satisfaction you did not break residence. If you don't care too much about losing filing fee and getting denied and want to try - you can apply any time before September 2026. If you want to play safe - wait another year from now.

 

USCIS typically won't care about reasons why the continuous residence was broken. They're more interested in your proof of maintaining residence.

 

Edited 5 hours ago by OldUser

[MAX_Q 0]

Thanks for the explanations. In case of denial by applying before the mentioned date, will there be any penalties such as extending for another 4-5 years or it'd be just the application fee and re-applying later in 2026? 

[MAX_Q 0]

• The applicant’s immediate family members remained in the United States

Based on this clause both my son and daughter have been in the states during this period. would this be enough to support my continuity? My brother can draft a lease agreements for roommates as a proof of lease and I have zelle records that my son was paying for the room every month. 

 

Edited 3 hours ago by MAX_Q

[OldUser 10,515]

1 hour ago, MAX_Q said:

Thanks for the explanations. In case of denial by applying before the mentioned date, will there be any penalties such as extending for another 4-5 years or it'd be just the application fee and re-applying later in 2026? 

You can reapply as soon as you will be eligible. No other penalties other than losing fees.

[OldUser 10,515]

1 hour ago, MAX_Q said:

• The applicant’s immediate family members remained in the United States

Based on this clause both my son and daughter have been in the states during this period. would this be enough to support my continuity? My brother can draft a lease agreements for roommates as a proof of lease and I have zelle records that my son was paying for the room every month. 

 

Well, you don't want to fabricate lease now that didn't exist back then. It would be fraud.

 

You would have to convince the officer. Your son living there is a plus, but you yourself didn't have lease or job, which goes against your case claiming you maintained residence.

 

You can always try, maybe you'll be lucky.

Edited 2 hours ago by OldUser