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Residency Disruption and Applying for Citizenship

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  • 06-14-2010, 02:10 PM
    simi
    Residency Disruption and Applying for Citizenship
    Hi I got my greencard is September 2005. In Oct 2007, I went on vacation abroad for 5 weeks. Also, from Oct 2008 to Sept 2009 (11 months) we lived in England because my husband was doing his Masters there. Can I apply for citizenship because of the 5 year period since Sep 2005 or do I have to subtract my time away from the US? Thanks Simi
  • 06-17-2010, 09:07 AM
    Mr. Knowitall
    Re: Residency Disruption and Applying for Citizenship
    Why didn't you apply for a re-entry permit in relation to the 2008-2009 extended absence? That would have made things a lot simpler.

    The absence of six months to one year creates reasonable presumption that you intended to abandon your residence. You can rebut the presumption with evidence that you had not abandoned U.S. residence - documentation of the nature of your stay in England and that it was known from the start to be of limited duration, continuation of home ownership or leases, bank accounts, etc., in the United States, whatever else you can think of... - but this puts you on the defensive.

    It wouldn't hurt to be consulting an immigration lawyer about how to best rebut the presumption.
  • 07-07-2010, 06:25 PM
    Lena Korial-Yonan, Esq.
    Re: Residency Disruption and Applying for Citizenship
    Mr. Knowitall is absolutely correct that you need to retain an experienced immigration lawyer in your area. If those are the only 2 trips you have had in the past 5 years, then you have only been absent from the US for one year and 1 week. I say only because one of the eligibility requirements for US naturalization is that you are physically present in the US for half of 5 years, which is approximately 30 months. It appears you have met that requirement.

    Where it gets tricky for you is that on the N-400 form, you will have to state that yes, you have been out of the US for over 6 months. As Mr. Knowitall correctly states, there is a presumption that you have abandoned your green card, but this presumption can be overcome by you presenting documents to show that you still maintained significant ties to the US.

    If you contact an immigration lawyer in your area, he or she can tell you what types of evidence the USCIS office in your area will want for you to overcome the presumption. Usually filing US income taxes during that time, having proof of legal residence (i.e. lease, mortgage, etc) can be helpful, and proof of your husband's studies abroad will help explain your circumstances.


    If you cannot afford an attorney, then at least go in for a consultation to get information as to how USCIS in your area would treat a case like yours and to get a list of documents you can collect to provide to USCIS. I wish you much luck.
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