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Longer term absence during naturalisation process

Longer term absence during naturalisation process

Old Jul 19th 2020, 4:21 pm
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Default Longer term absence during naturalisation process

We’re contemplating a return to the U.K. for maybe 3-6 months for various reasons, just submitted our N-400, does anyone have a quick answer as to whether we can do this and it not interfere with the process? We have a house we pay a mortgage on here etc. Ideally I’d like to go back for more like a complete school year but that puts us in the more than 6 months but less than a year possibly residency issue category. Was just wondering if anyone has managed something like this And what implications there might be. I freelance so could carry on working remotely while offices stay closed and have my US earnings paid into my US bank account too...
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Old Jul 19th 2020, 4:38 pm
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Default Re: Longer term absence during naturalisation process

Nothing wrong with a trip outside the USA for 4 to 6 months, as long as it doesn't put you over the total number of days out allowed, thus making you ineligible for citizenship.

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Old Jul 19th 2020, 5:19 pm
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Default Re: Longer term absence during naturalisation process

Originally Posted by mymatemarmite View Post
We’re contemplating a return to the U.K. for maybe 3-6 months for various reasons, just submitted our N-400, does anyone have a quick answer as to whether we can do this and it not interfere with the process? We have a house we pay a mortgage on here etc. Ideally I’d like to go back for more like a complete school year but that puts us in the more than 6 months but less than a year possibly residency issue category. Was just wondering if anyone has managed something like this And what implications there might be. I freelance so could carry on working remotely while offices stay closed and have my US earnings paid into my US bank account too...
I apologize in advance for a legalistic answer. An absence of 180 days to 1 year is “presumed” to break continuity. An absence of one year or more is a “conclusive” break. What this means is that if the absence is in that 180-365 day time frame, with nothing else, continuity is broken. But you can provide evidence to counter the presumption.

People have overcome the presumption.
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Old Jul 19th 2020, 6:35 pm
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Default Re: Longer term absence during naturalisation process

Thankyou both - is the 180 days within a full
calendar year and has that 1st Jan - 31st Dec? So in theory we could go back for up to 180 days? So maybe even the last 3 months of this year and then an 6 months even of next year?
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Old Jul 19th 2020, 6:45 pm
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Default Re: Longer term absence during naturalisation process

it's 180 days in one go.
My son was a student when applying for naturalisation and was a few days over the 180 days on 2 occasions. He was asked at interview why he was out of the country for more than 180 days and had to prove what he said. So, if you do go over the 180 days be prepared to answer (and prove) what your reply is. And be careful that you aren't even hinting at living elsewhere.

On a more practical note - what will you do about your mail? USCIS will send you letters that cannot be forwarded by USPS - they will be returned.
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Old Jul 19th 2020, 7:06 pm
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Default Re: Longer term absence during naturalisation process

Originally Posted by petitefrancaise View Post
it's 180 days in one go.
My son was a student when applying for naturalisation and was a few days over the 180 days on 2 occasions. He was asked at interview why he was out of the country for more than 180 days and had to prove what he said. So, if you do go over the 180 days be prepared to answer (and prove) what your reply is. And be careful that you aren't even hinting at living elsewhere.

On a more practical note - what will you do about your mail? USCIS will send you letters that cannot be forwarded by USPS - they will be returned.
thankyou, either my husband might stay here or a friend will be at our house to look after our cats but good to know re USCIS post!
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Old Jul 19th 2020, 8:59 pm
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Default Re: Longer term absence during naturalisation process

Further general comment - there are limited circumstances based on employment abroad where an application can be made to excuse a green card holder from the continuity requirement. See sections 316(b) and 317 of the Immigration and Nationality Act.
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Old Jul 21st 2020, 9:19 pm
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Default Re: Longer term absence during naturalisation process

Originally Posted by S Folinsky View Post
Further general comment - there are limited circumstances based on employment abroad where an application can be made to excuse a green card holder from the continuity requirement. See sections 316(b) and 317 of the Immigration and Nationality Act.
Thankyou for this. I’m toying a little bit with the idea of submitting the Re-entry permit But think this might raise some red flags too for USCIS
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