123James

I have a question regarding the more than 6 months outside stay.

I am in a process of filing N-400. I have been a lawful permanent resident of the US for 5 years. During those 5 years, I have taken 3 trips outside of the US. Two of them lasted about 20 days each and the third one was for about 11 months. I spent those 11 months in my home country finishing the last year of my college.

Am I eligible to apply for Naturalization despite of that 11 month trip?

If so, what do I need to prove that I didn't give up my US residency?

Btw, I live in NorthEast.

Rete

Please do NOT post your own personal questions at the end of someone else's thread. It might not be seen and will only confuse you, others and the OP. I have separated your post and made it a stand alone post.

Rete
Super Moderator

Bob

Have you read the thing on USCIS about the significant presence test?

Also, presuming you got your greencard through marriage as you posted in the marriage based section?

123James

Rete : Sorry about that, this is my first post.


Bob: I have got my greencard through marriage, but it ended up with divorce. Since my divorce, I had an interview with INS to remove conditions on my greencard. The divorce should not complicate my status any more, but I need to fulfill 5 year permanent residence requirement (instead of 3 years).

I am trying to find out what can I use to prove that I didn't abandon my permanent residency here. It appears that the only thing I can use is the IRS certified tax return. I already checked into that and such a tax return cost $39 per year. If I need to cover all 5 years it will add up to almost $200. Or do I need only one tax return that I filed when I was abroad?

Unfortunately, I have had no mortgage payments or anything else that I can use to my defense. All my belongings were stored at my friends house while I was gone.

Any idea what else can I use?

Rete

Print out and read the guidelines for naturalization. For the five year eligibility you must not have been outside of the US for more than 1/2 that time, preferably not over 6 months in any calendar year but if you are over that but under 12 months (1 year) you should still qualify. As for the abandonment issue, you were allowed back into the US and that goes a long way. If you are asked for proof of retaining your residency, you can use the storage of your personal items with friends (have then sign an affidavit to that effect) and show any bank accounts you might have retained as well. There is also the issue of mail. Did you have your mail forwarded to your friend's house while you were away?

PS there is no charge for the IRS tax transcripts. You can order them over the phone at no charge. They do not need to be certified. Tax transcripts from the IRS are acceptable.

As always, a one time consultation with an immigration attorney should set your mind at ease.

123James

Thank you for your reply, Rete. It is being very helpful. I read the guidelines for naturalization, but my situation is not very well covered there.

My mail was forwarded to my friend’s house. It was the same person that stored all my belongings. I have actually received a letter from USCIS to that address, while I was abroad. Can I use that somehow? What should be stated in the affidavit from my friend? (as far as storing personal items and mail goes?)

I have also maintained a checking account and a credit card from a different bank, both since 2003. What would be a good evidence of that for USCIS? Should I contact these banks and ask them for a proof that I have had open accounts with them since 2003?

I found a form 4506-T; Request for Transcript of Tax Return. The transcript is really for free as you said, but they can send it only for the current year + 3 prior years, which is all together 4 years. Don’t I need to cover all 5 years of my permanent residency?

I appreciate your help.

Noorah101

I'm not sure why you need to prove something like that. Is someone questioning you on that?

All you need to know really is if you are currently eligible to file the N-400, right? And you just need to know if your absence of 11 continuous months affects that eligibliity. I believe the answer actually is in the USCIS Guide to Naturalization. I remember seeing a chart that spelled everything out regarding continuous presence and absences from the USA.

Rene

ian-mstm

I agree. If the guy is applying for naturalization based on 5 years as a PR, then all he needs to do is meet the requirements: 1) continuous residency; 2) physical presence; and 3) and 5 years as a PR. His 11 months outside the US did not reset the naturalization clock (or he'd have a few more years to wait), but he does need to carefully calculate how long he has been in the US to fulfill #2... because he can not use those 11 months outside the US to fulfill #2.

Ian

Noorah101

Thank you, Ian. That's what I meant to say and didn't know how. LOL

meauxna

What does he have to do about the +6 months out? Are you saying it's OK because he was a student, or ???

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

*
has been lawfully admitted for permanent residence (see preceding section);
*
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
*
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months

ian-mstm

It seems to be fairly well established (although others may disagree) that being a student in a school outside the US does not affect your status since there was never an intent to abandon status nor an intent to abandon the US as his permanent residence.

If he feels he doesn't want to take a chance, then the worst case scenario means he can wait another year to file! It's not like this will, in any way, alter his current status as a PR.

Ian

Rete

Such was the case for Jerseygirl's daughter who went to college and Canada and still used those years as US residency and became a USC without issue.

Folinskyinla

Hi:

It would be very helpful if you gave any fact which indicated abandonment of US residency. You don't give any that I can see.

[On the road in Canada -- Happy Canada Day]