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N-400 - When to apply for citizenship after break in continuous residency?

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  • N-400 - When to apply for citizenship after break in continuous residency?

    Hello everyone,

    I got green card in Mar 2008. Then used re-entry permit twice. After that made one more trip ( more then six month but less than year).
    I am back in US since Aug 2013. So its 4 years 2.5 months. Can I apply now or I have to wait.

    As per USCIS website link below, one can apply after 4 years and 1 day due to break in continuous residency due to previous trips.

    Is this correct understanding?

    A. Continuous Residence Requirement An applicant for naturalization under the general provision

  • #2
    Apply or Wait?

    When in doubt, I would wait.

    I have had a few cases where my students have had to prove that they were living here in the U.S. during the 5 years.

    Of course, they say: "I don't have any bills in my name, because I lived with my uncle/aunt/sister/brother."

    They may believe you, or they may not.

    If you decide to apply early, it is a risk. Ask an attorney to be sure.
    Of course, an attorney is expensive, so maybe an immigration paralegal is fine.
    You can also call a representative of USCIS in your state.

    If I were you, I would wait to make sure that it is 5 years. I would not play around with mere months, go through all of this trouble to be denied due to a time technicality.

    You need documentation as to why you were gone so long. Prove it. Show them that you have proof that you DID NOT abandon the U.S. as your primary residence.
    How? Show payment records for your house, rental receipts for your apartment, utility bills, property tax bills that were paid in full., etc. Maybe your children were enrolled in school during that time. Ask for an attendance report from each of your children's schools.


    I have had about 6 students with this problem.
    One decided to put off citizenship until the long absence was gone from the 5 years. A couple of others had to provide proof of continuous residency, even though they were living in another country for more than 6 months. One had the documentation, the other did not. The latter student did not get approval pending his documentation getting to USCIS. They thought that he had made his primary residence in Mexico during that time. He brought no proof. If he wants his citizenship, he needs to bring some bills in his name during the longer trip in question. It didn't help that his girlfriend and two daughters were living in Mexico.

    The former passed at the interview date because she brought her bills. taxes, and house payment proof. She also was married to a US. citizen, which made her evaluation time for trips only 3 years. In other words, one of the long trips that she took was eliminated.

    My suggestion is to wait...what is the rush?
    Is your spouse a U.S. citizen? If so, this helps. Bring as much proof of residency as possible to the interview. Bring the originals but give the immigration officer copies.

    Good luck.
    Last edited by suziq38; 10-18-2017, 04:15 AM.

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    • #3
      Thanks a lot for your detailed reply.

      I have few proofs for over 6 months stay. I filed taxes regularly and I maintained my bank account in US and my IRA/401k account was active as well as investment account.

      Is it enough proof?

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