John Prendergast

The instructions for this part of the N-400 citrizenship application
state: Write every address where you have lived during the last 5
years (including in other countries).

Would including one or more foreign addresses create a presumption
that one had abandoned one's residence in the US and therefore
prejudice the application?

p8085

I was out for six month and I have been in two countries during that time. It was no problem during my interview. However, it will depend how the interviewer will react to it.

Sylvia Ottemoeller

"John Prendergast" <[email protected]> wrote in message
news:[email protected]...

    > The instructions for this part of the N-400 citrizenship application
    > state: Write every address where you have lived during the last 5
    > years (including in other countries).
    > Would including one or more foreign addresses create a presumption
    > that one had abandoned one's residence in the US and therefore
    > prejudice the application?

It is not writing one or more foreign addresses which causes a problem. It
is the numbers of days you spend outside the U.S., both the length of any
particular absence and the aggregated numbers of days.

In particular, it is a problem if you have remained outside the U.S. for
more than 6 months. In that case, you must provide evidence to USCIS that
you maintained U.S. permanent resident status during that time. This
evidence can include: not leaving a U.S. job; not taking up a job in the
foreign country; maintaining access to a U.S. abode; and the presence of
close family members (spouse or child) in the U.S. throughout the absence.
If I recall correctly, all these types of evidence are mentioned in
regulations or instructions. Of course, you must always have filed U.S. tax
returns as a resident.

Eltoro

On Fri, 6 Aug 2004 11:00:46 -0700, Sylvia Ottemoeller wrote:

    > If I recall correctly, all these types of evidence are mentioned in
    > regulations or instructions.
Could you, please, provide some links to those regulations/instructions?
I'd be grateful.

Thanks!

Joachim Feise

eltoro wrote on 8/6/2004 12:18:

    > On Fri, 6 Aug 2004 11:00:46 -0700, Sylvia Ottemoeller wrote:
    >
    >
    >>If I recall correctly, all these types of evidence are mentioned in
    >>regulations or instructions.
    >
    > Could you, please, provide some links to those regulations/instructions?
    > I'd be grateful.

They are all on the USCIS website: http://www.uscis.gov/

-Joe

Sylvia Ottemoeller

"eltoro" <[email protected]> wrote in message
news:[email protected]...

    > On Fri, 6 Aug 2004 11:00:46 -0700, Sylvia Ottemoeller wrote:
    > > If I recall correctly, all these types of evidence are mentioned in
    > > regulations or instructions.

    > Could you, please, provide some links to those regulations/instructions?
    > I'd be grateful.

They may be found at 8 CFR section 316.5(c)(1)(i), available through
http://uscis.gov/graphics/lawsregs/8cfr.htm:

___________________

(1) Absence from the United States.

(i) For continuous periods of between six (6) months and one (1) year.
Absences from the United States for continuous periods of between six (6)
months and one (1) year during the periods for which continuous residence is
required under Sec. 316.2(a)(3) and (a)(6) shall disrupt the continuity of
such residence for purposes of this part unless the applicant can establish
otherwise to the satisfaction of the Service. This finding remains valid
even if the applicant did not apply for or otherwise request a nonresident
classification for tax purposes, did not document an abandonment of lawful
permanent resident status, and is still considered a lawful permanent
resident under immigration laws. The types of documentation which may
establish that the applicant did not disrupt the continuity of his or her
residence in the United States during an extended absence include, but are
not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR
49913)

(A) The applicant did not terminate his or her employment in the United
States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.