Trips over 180 days

[Bubbles19687 0]

Anyone got any experience on trips over 180 days applying for N400. Trip was to care for mother who needed end of life care. How long do I need to wait after trip to apply? 

[jostermacedo 66]

13 minutes ago, Bubbles19687 said:

Anyone got any experience on trips over 180 days applying for N400. Trip was to care for mother who needed end of life care. How long do I need to wait after trip to apply? 

It seems the standard is that the clock was reset when you came back from the trip and now you'll have to wait 4.5 years (assuming you would be applying under the 5-year rule). The law allows you to overcome the presumption of a break in the continuity of your residence, but the burden of proof will be on you.

 

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

 

Joster

[Boiler 48,719]

How long were you gone?

 

How long have you been a LPR

[JD2 268]

Overcoming an Absence of More than 6 Months (but Less than 1 Year)

• The applicant did not terminate his or her employment in the United States or obtain employment while abroad;
• The applicant’s immediate family members remained in the United States; and
•  The applicant retained full access to or continued to own or lease a home in the United States.

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

[Bubbles19687 0]

I was gone for about 8 months. Been a resident for 14 years. returned June 2023. Can I apply under the 4 year 1 day rule? And 3 months before? Not heard of the 4.5 rule

[Boiler 48,719]

That would seem logical

[jostermacedo 66]

3 hours ago, Bubbles19687 said:

I was gone for about 8 months. Been a resident for 14 years. returned June 2023. Can I apply under the 4 year 1 day rule? And 3 months before? Not heard of the 4.5 rule

See the example provided in the link I posted above:

 

Example

An applicant who is subject to a 5-year statutory period for naturalization is absent from the United States for 8 months, returning on August 1, 2018. The applicant has been absent from the United States for more than 6 months (180 days) but less than 1 year (365 days). As such, the applicant must be able to rebut the presumption of a break in the continuity of residence in order to meet the continuous residence requirement for naturalization.

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.^[18]