Hi!
I am new to this and would truly appreciate any help and advise on my situation. I am thinking is it even worth for me to try to apply for citizenship or not. The USCIS website is allowing me to submit but also prompts me with a warning saying that I may not be eligible after all.
I am a Green Card holder (since 6,5 years now). I lived in the USA for the first 3+ years continuously. However, the past 5 years counted together is a different story as I had some disruptions:
In 2019 I returned to my home country and ended up staying for 9 months due to health issues. Then I returned to the USA in January 2020 just before the Pandemic hit and ended up leaving March 18th (I left due to the Pandemic but also due to still lingering health issues). Due to my health issues I ended up staying in my home country for almost an entire year (about 11,5 months). I returned to the USA in the beginning of March 2021. I stayed for 9 months and then went back home where I was for a day under 6 months. I returned to the USA on the 31st of May 2022 and I'm still here.
As I'm filling in the form it states that I spent 903 days outside the U.S. during the last 5 years. Which is still in the range, however, I have those long stays away that both exceed 6 months and in my understanding break physical presence rules.
Also when I was away I did not keep a lease/apartment in the USA, I did not have any employer in the USA and I have no family in the USA.
Does anyone know if the USCIS is being more flexible when looking at the year 2020 due to the Pandemic? Also, I have doctors notes stating I was unable to travel for both of those longer stays back home- but I don't see anywhere that that would count. I am wondering if they let you explain why you were away or will they just deny the application without allowing to explain?
I have always during these years done my tax returns as a full time New York State Resident even when I was away. Those times I was back home I worked a bit (I was mostly claiming unemployment there because I was sick and I only worked a couple of months part time before returning to the USA). This time when I was back for just under 6 months I worked full time there.
Another tricky thing is that when I was in the USA in 2021- I was first 3 months in NYC and then 6 months in Chicago, where I worked. I never signed up for residency there tho ( I did my 2021 taxes as a full time NYC resident and only temporary Illinois resident). In my eyes I have never given up my NY residency and should have been considered one all this time.. But as I flew home from Chicago and then was there for a day less than 6 months- I don't know if I am considered to have met the three month requirement for living in the same district as I am filing from?
Sorry if my questions are stupid- I am quite overwhelmed with all the info and rules. I am very grateful for any help!!
My timeline for the past 5 years:
June 22nd 2017: I lived in NYC (went back home for two holidays: left at the end of June for a month and then again for a month at the end of December)
Year 2018: Lived in NYC and went home for a holiday for the month of August.
Year 2019: Went back home on 30th March and ended up staying for the rest of the year (due to health issues - I have a doctors note from my home country stating I was unable to travel)
Year 2020: Returned to NYC on the 6th January. Ended up leaving on the 18th March due to Pandemic and lingering health issues (again, I have a doctors note). Stayed in my home country for the rest of the year.
Year 2021: Returned to NYC 5th March. Stayed in NYC until June 1st and then moved to Chicago - stayed there until December 1st when I flew back home for the rest of the year.
Year 2021: Was back home (working) until returning to NYC on 31st May and I'm still here.
