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Should I apply for N-400 with trip less than 6 months?

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  • Should I apply for N-400 with trip less than 6 months?

    I've been LPR for a little over 5 years (DV category, if it matters). I'd like to file for naturalization.

    In 2018, after residing in the US for several months, I took a trip back to my country of origin for 166 days. This is under 180, but I did not maintain an US address during that time - this is visible from the address history section, where there's a gap between two different addresses that coincide with the leaving and return dates of that trip.

    Since then, I've spent the majority of my time in the US. I've visited my family abroad once or twice a year, with trips of either 1 or 2 months each. In total, over 5 years, I'll have spent 401 days out of the US, with no trips longer than 180 days. I have never had trouble being admitted into the US.
    (I did have another long trip shortly after obtaining my GC, also of just under 180 days and without US address, which I am currently waiting out - that one'll fall off the 5 years period this April).

    Given these circumstances, is it a risky move to apply for naturalization? Or do I stand a good chance of approval, at least based on the absence?

  • #2
    Originally posted by Metachora View Post
    I've been LPR for a little over 5 years (DV category, if it matters). I'd like to file for naturalization.

    In 2018, after residing in the US for several months, I took a trip back to my country of origin for 166 days. This is under 180, but I did not maintain an US address during that time - this is visible from the address history section, where there's a gap between two different addresses that coincide with the leaving and return dates of that trip.

    Since then, I've spent the majority of my time in the US. I've visited my family abroad once or twice a year, with trips of either 1 or 2 months each. In total, over 5 years, I'll have spent 401 days out of the US, with no trips longer than 180 days. I have never had trouble being admitted into the US.
    (I did have another long trip shortly after obtaining my GC, also of just under 180 days and without US address, which I am currently waiting out - that one'll fall off the 5 years period this April).

    Given these circumstances, is it a risky move to apply for naturalization? Or do I stand a good chance of approval, at least based on the absence?
    The LPR was gone 182 days
    and didn’t have a U.S. address.

    Initially N-400 denied. The lawyer said
    But the rule is 6 months. Not 180 days.
    LPR was absent less than 182.5 days.
    182.5 is 6 months.

    Won on appeal.

    That part that matters to you is the LPR
    in that case had no address in the U.S.

    Comment


    • #3
      Originally posted by Mike E View Post

      The LPR was gone 182 days
      and didn’t have a U.S. address.

      Initially N-400 denied. The lawyer said
      But the rule is 6 months. Not 180 days.
      LPR was absent less than 182.5 days.
      182.5 is 6 months.

      Won on appeal.

      That part that matters to you is the LPR
      in that case had no address in the U.S.
      Hmm, on the other hand, it seems that the appeal's argument rested entirely on the duration of the trip being within the rules, and completely ignored the absence of address (which was only an issue for the IO because of the duration over 180 days). And since they won on duration alone, then what I'm getting is that they should hopefully not care about my not having had an address, since the trip was less than 180 days.

      Thank you, that seems to indicate that I should be fine in my case.

      Comment


      • #4
        Originally posted by Metachora View Post

        Hmm, on the other hand, it seems that the appeal's argument rested entirely on the duration of the trip being within the rules, and completely ignored the absence of address (
        You’ve totally missed my point.

        Your OP asked if it would be a problem if you didn’t have U.S. address for 166 continuous days. I’ve gave a case where an LPR didn’t have a U.S. address for 182.5 days. She she still successfully naturalized.

        Comment


        • #5
          Sorry, I have one further question. I've filed my N400 yesterday.

          I was not sure whether to put my parents' foreign address where I stayed during that 5 months absence - in the section where it asks for my past 5 years' address history. Or, alternatively, whether I should've left a gap in my address history, writing in nothing for those 5 months.

          On someone else's advice, I put down my parents' address eventually. However, and I may be overthinking it here, I'm now worrying this may end up being considered as me considering myself to have resided abroad, and therefore a break in continuity of residence (or something like that).

          Am I overthinking? Will it be fine?

          Comment


          • #6
            You will be fine!! You were under 6 months and there are lots of reasons for why this might be the case. e.g It looks like it happened at the beginning of your LPR journey, many people go back to their original country to finish/finalize business there before truly starting their American journey. E.g selling houses, finishing out contracts, allowing children to finish final months at school etc. or you had sick relatives to look after etc. There are many reasons why you may have been out the country.

            If the officer becomes fixated on it then make sure you know your reason well in advance and have practiced explaining it e.g you know you had to finish things off so you stayed at your parents for free while you did this and you were unsure whether or not you needed an address for this period but you didn't want to leave a gap in your address history. Also emphasize that not only were you aware of the rules of your LPR but you explicitly followed them by making sure it was less than 6 months etc. I doubt this will be the case and the officer won't even care but I always like to prepare for the worse case scenario.

            Long story short you will be fine and this probably wont even be an issue!
            Last edited by okccanary; 03-13-2023, 10:20 AM.

            Comment


            • #7
              Be prepared to give an explanation if the officer brings it up; for example, you may have stayed with your parents for free because you knew you had some unfinished business to take care of but were unsure if you needed an address during that time; however, you didn't want to leave a gap in your address history x trench run
              Last edited by hubkraft; 11-29-2023, 05:03 AM.

              Comment

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