ireland2016

Hi all,

Firstly, I'd like to say I really appreciate all the knowledge people have contributed here over the years. I've checked in throughout my immigration journey, and it's been remarkably helpful. I've actually created an account today because I have a situation which would be great to get some input on

I'm from Ireland & I've been a US permanent resident since 2011. I recently sent in my N-400 application & I'm expecting an interview within the next two months.

I work as a website / app design consultant & work with clients in different countries, so I've taken frequent trips since becoming a PR. Since 2011, I've taken 21 trips overseas. My trips have varied in length from 2 weeks with the longest one being 4.8 months. I've always made sure any single trip never exceeded 6 months & my total time outside the US over the last 5 years has been 875 days.

During this time, I've lived at 9 different addresses within the US. I have lease documents & landlord references for 6 of these 9 addresses, but I'm now finding it difficult to find the same for the other 3 addresses (although I do have bank and credit card statements to show for these periods).

My concern relates to continuous residence. I've heard of other applications with a similar travel pattern being rejected due to not being able to provide proof of continuous residence when away on international trips.

Should I be concerned here? And if so, what can I do to give myself the best chance of approval at my interview?

Thanks.

Noorah101

Your answer is in the USCIS Guide to Naturalization, Page 22:

https://www.uscis.gov/sites/default/...icle/M-476.pdf

As for giving yourself the "best chance of approval"....well, you either qualify or you don't. It's not a thing of chance.

Rene

ian-mstm

That'll be fine - don't worry about it.


There's both a physical presence and a continuous residence requirement. If you have never been out of the US for 6 or more months on any single trip, then you have no concerns with respect to the continuous residence requirement. The physical presence requirement compels you to have spent at least 30 months in the US out of the last 60 months (2.5 years out of the 5 year PR requirement for naturalization). Your calculation of 875 days out of the US suggests you don't have a problem there either... but you've cut it pretty close!


I wouldn't worry about the continuous residence requirement, because you're fine where that's concerned. I'd worry about the physical presence requirement... because you're barely above the minimum.


As Rene notes, you either qualify or not for naturalization and if you meet the requirements, then you qualify.

Ian

ireland2016

Hi Ian and Rene,

Thanks a lot for your input - I really appreciate it.

It's this paragraph from the USCIS's policy manual which has me worried:

https://www.uscis.gov/policymanual/H...-Chapter3.html

To me, it sounds like there's still some subjectivity even in cases where an applicant has seemingly met the physical and continuous presence requirements. I may be overthinking it, but the rules don't seem as black and white as "you either qualify or you don't" based on the paragraph above (I'm not calling out your statement Rene, it just concerns me that the rules do seem very straightforward in the naturalization guide, but then I see policies like this and stories in forums where people have been rejected due to this).

I've met the physical presence requirement (875 days out of the allowed 912 days outside the US over the past 5 years), and I've also met the continuous residence requirement (with no trips over 6 months - although I had one trip in particular which was 4 months, followed by 2 days back in the US, followed by another trip for 2.5 months).

So I do in fact have "multiple absences of less than 6 months," which is what had me concerned when I saw this policy.

I'll continue to collect all supporting documentation where possible, but it does worry me that I'm light on documentation for some periods of absence.

ian-mstm

Rejection isn't as dire as you might think and, at worst, it simply postpones your ability to naturalize. It doesn't affect your status as a PR in the slightest. If it is an issue, then once you meet the requirements you can simply reapply.


Again, unless you're on the threshold, I believe you're overthinking it. At this point in the US immigration journey, the US wants you to naturalize; they want you to be successful. They aren't trying to screw you over.

Ian

ireland2016

Thanks, Ian.

I think it may boil down to whether the officer views those two trips as separate trips (4 months and 2.5 months respectively), or one trip of 6.5 months given that I was in the US for 2 days in between, and therefore breaking the 6-month rule. Hope it's the former.

Noorah101

They are 2 separate trips.

Rene

ian-mstm

I'm not sure why you'd even think they're anything other than 2 separate trips... specifically because you were in the US between them. It doesn't matter one bit that your trip back to the US was only 2 days long. There's no requirement that you be in the US for a specific length of time between trips.

In a nutshell, you're trying to make an issue out of a non-issue.

Ian

Russet

Hi All,

I too have appreciated all of the information and help posted on this forum. I have been a regular since moving to the US 6 years ago but up until now have not felt the need to register or post!

The forum was extremely helpful when I went through the citizenship process (successfully) last year and it was on the basis of the forum that we decided to delay my son's application an additional year.

When we initially moved here my son studied abroad. However this meant when it came to his application he had spent quite a bit of time out of the country (including one trip of 6 months and 3 days). To ensure he met the physical presence he delayed submitting his application until May 2016 and has just had his interview this month.

It hasnt been as straightforward as ours! He applied in Phoenix as he has been working there for the past year and we applied in CT - not sure if this makes a difference. But the interviewer has requested further evidence for the period he was out of the country for over six months. We had included tax returns ( he was a dependent on ours) but they could not find them. They gave him a list of other types of evidence they require eg utility bills, bank statements, employment, health insurance etc to prove
he retained access to his home in the US. We have a lot of this, although much of it, is in our names not our sons. He did have bank account, health insurance throughout and the utility bills are for his primary residence (ours).

The interviewer confirmed he had 'passed' all the other steps of the interview and would not need to come back for another interview and we had 30 days to provide the evidence - which we have done. I dont know if anyone else has had similar experiences or has any idea how long this review process will delay his application? When we might hear anything?

My comment to the original post on the forum is I wish my son had taken all the additional docs, including the tax returns we had sent, with him to the interview. I disagree a little with Noorah in that you qualify or you dont - it is subjective based on the interviewer and their interpretation of the docs. So if you havent had your interview yet I would recommend taking any relevant information with you. If they dont ask, you havent lost anything. I would also point out that they only specifically asked him about periods when he was out the country for more than 6 months.

I am still hopeful he will be successful, as many people say on the forum at this point they want you to. We have done the best we can to provide all the evidence we can but of course it is dealing with the unknown.....

Thank you in advance

ireland2016

Hi,

Thanks for adding your experience, and thanks very much for your input - I'll be sure to take as much documentation as I can. I'm already pulling tax returns, transcripts, etc.

As for how long his process will take - unfortunately, I can't provide any good advice there because I'm still waiting for my interview. Hopefully some others can chime in here and help though...

All the best for your son's application. Would be great to hear any updates if you get them.

Thanks.

ian-mstm

You need tax returns or tax transcripts... one or the other, not both. Note that there is no financial requirement to naturalize. The tax returns or tax transcripts are required to demonstrate only that you have filed your taxes annually. This is important for the "good moral character" requirement.

Ian

S Folinsky

As an aside -- if one is close to the absence/break limits, it pays to remember that if ANY amount of time is spent in the US on any particular day, then the entire day counts. This is an item that is often missed.

To give an idea on how powerful this might be -- lets say that one leaves the United States at 11:30 pm into Canada and returns to the US at 11:45 pm the next day. There is no absence. No, it is not an absence of one day.

Do note that this rule is often not applied.

Deerib

Ireland 2016,

Can you please let the forum readers know on how you get on at the interview. I will also filing my applications in March 2017. I like you have also been in and out of the country for 811 (6 trips in total), none over six months but very close to
183 days mark.

Thanks

ireland2016

Sure - will do.


Thanks, S Folinsky - this is good to know. Regarding the bit I quoted above, do you mean to say that immigration officers don't often use this in their calculations?

I'm just wondering how prepared I should be in terms of proving my time in the U.S. in accordance with the correct calculations in case the officer does a more basic calculation which throws me over the 912 day threshold.

Thanks.

ian-mstm

Mr. Folinsky doesn't usually answer direct questions.


The officer isn't likely to do any calculations! People don't usually apply to naturalize without first being eligible.

Ian