N400 with 11 months break in continuous residence

[kartselv6]

Hi,

I need a quick advise on whether to apply for Naturalization or not? I got GC on 10/06/2011 and now considering to apply for citizenship based on the 5 year rule. But i took a break of 320 days to take care of my father in India. Based on the USCIS requirement for continuous residency it says "An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence.? AND An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence".

For the proof to overcome the presumption that i did not break continuous residency, i can produce US bank account statements, credit card, IRS tax returns, doctor certification on my father illness. Will this suffice? I checked with one of the attorney and she told these evidence are sufficient, but i am little skeptical going through different forum! Please share your thoughts whether proceeding with the application is advisable or not? Also do you know of any such instance in the past where USCIS has approved applications with break of 11 months?

[001kja]

Hi,

I need a quick advise on whether to apply for Naturalization or not? I got GC on 10/06/2011 and now considering to apply for citizenship based on the 5 year rule. But i took a break of 320 days to take care of my father in India. Based on the USCIS requirement for continuous residency it says "An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence.? AND An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence".

For the proof to overcome the presumption that i did not break continuous residency, i can produce US bank account statements, credit card, IRS tax returns, doctor certification on my father illness. Will this suffice? I checked with one of the attorney and she told these evidence are sufficient, but i am little skeptical going through different forum! Please share your thoughts whether proceeding with the application is advisable or not? Also do you know of any such instance in the past where USCIS has approved applications with break of 11 months?

They would certainly help, but what matters more is whether:
- you had maintained your employment (this is the most helpful factor);
- you had maintained your place of residence in the US (you can provide deed to house, apartment rental contract, water bill, gas bill, electricity bill, etc.) and/or;
- you had immediate family members residing in the US during that period.
(Evidence provided should included specific dates.)

This trip is the only long trip you took during the last five years, correct? Around how long ago did you return from this trip?

[kartselv6]

They would certainly help, but what matters more is whether:
- you had maintained your employment (this is the most helpful factor); I worked for same company but India branch and salary in INR!
- you had maintained your place of residence in the US (you can provide deed to house, apartment rental contract, water bill, gas bill, electricity bill, etc.) and/or; No house or rental during this period
- you had immediate family members residing in the US during that period. - My sister was here and not sure how that will help!
(Evidence provided should included specific dates.)

This trip is the only long trip you took during the last five years, correct? Around how long ago did you return from this trip?

Yes this is the only long trip in 5 years and now its been 2 years since that trip.

[001kja]

Yes this is the only long trip in 5 years and now its been 2 years since that trip.

That sounds good. However, since 11 months is right on the cusp of being too long, you should check with an attorney to make sure what you have is enough to prove your continuous residence especially if you don't meet any of the three I mentioned earlier.

[suziq38]

I think that they may require proof of residence as well as work history in the U.S.
Did you keep an apartment or own a home during that time? Do you have pay stubs that verify work history and/or taxes that show that you paid taxes in the U.S?

All of it matters, given a strict immigration officer. Don't take our word for it, consult your lawyer.

You may have to wait until the long trip is gone from your 5 year travel record. Ask your lawyer.

[kartselv6]

I think that they may require proof of residence as well as work history in the U.S.
Did you keep an apartment or own a home during that time? Do you have pay stubs that verify work history and/or taxes that show that you paid taxes in the U.S?

All of it matters, given a strict immigration officer. Don't take our word for it, consult your lawyer.

You may have to wait until the long trip is gone from your 5 year travel record. Ask your lawyer.

Yes checking few attorneys! Any recommendations? How is **** **s Laws?

[suziq38]

Yes checking few attorneys! Any recommendations? How is **** **s Laws?

I had a case where my student was out of the country for more than the 6 months. She had to show her mortgage payments for her home, gas bills, and husband's pay-stubs from his work. Her husband also stayed back in their home in the U.S. and worked during that time. They highly scrutinized this case, but quickly realized that she was married to a U.S. citizen and therefore eligible to only count the last 3 years. The long absence trip was removed from her record and she got her citizenship. I will say that she had a very nice and understanding USCIS officer. Sometimes you "luck out." She did.

That being said, this may not be your case, so see a lawyer if you do not have the supporting documents (mortgage/rent bills, utility bills, pay-stubs from work, etc.). Your lawyer may tell you just to wait until that long trip is gone from your 5 year travel record.

Alas, I can not give legal advice. I am only a teacher.