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I am a permanent resident since Jun 08
I took a trip back to my home country in order to finish my last year college and it lasted for 10 months (ie. that is Aug 08 - Jun 09)
My question is : Whether that period of time able to consider I still maintained continuous residence in U.S. and I am able to apply for naturalization in 2013?
According to USCIS website :
"Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise,
.......(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
"
In my case,
A) I didn't employ before my leave since I was a full time student.
B) My immediate family, which is my parents, remained in U.S at that period of time.
C) I retained full access to my U.S. home. I got U.S. Bank Account and I got statement from my U.S. Address at that period of time.
D) Since I am a full time student, I didn't obtain employment while abroad
(I didn't file tax return in 08, since I didn't have income but I am a dependent in my parent tax return, does that relevance? anything else I can prove I did not disrupt the continuity since the regulations state that " but are not limited to" the above )
And the case LI v. CHERTOFF 490 F.Supp.2d 130 (2007), it seems like it can support my argument that I didn't abandoned my U.S. residence for that period of time, is that ture?
I have posted this question couple months before. A nice member here advise me to talk with infopass. I tried to go that way but they seems can't provide me with any solid answer. That's why I have to re-post it again to see anyone could share their opinion and experience.
Thank you !
I took a trip back to my home country in order to finish my last year college and it lasted for 10 months (ie. that is Aug 08 - Jun 09)
My question is : Whether that period of time able to consider I still maintained continuous residence in U.S. and I am able to apply for naturalization in 2013?
According to USCIS website :
"Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise,
.......(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
"
In my case,
A) I didn't employ before my leave since I was a full time student.
B) My immediate family, which is my parents, remained in U.S at that period of time.
C) I retained full access to my U.S. home. I got U.S. Bank Account and I got statement from my U.S. Address at that period of time.
D) Since I am a full time student, I didn't obtain employment while abroad
(I didn't file tax return in 08, since I didn't have income but I am a dependent in my parent tax return, does that relevance? anything else I can prove I did not disrupt the continuity since the regulations state that " but are not limited to" the above )
And the case LI v. CHERTOFF 490 F.Supp.2d 130 (2007), it seems like it can support my argument that I didn't abandoned my U.S. residence for that period of time, is that ture?
I have posted this question couple months before. A nice member here advise me to talk with infopass. I tried to go that way but they seems can't provide me with any solid answer. That's why I have to re-post it again to see anyone could share their opinion and experience.
Thank you !
)
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