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  1. #1
    Join Date
    Jun 2010
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    1

    Default 35 Years Here, but Disrupted "Continuous" Period - Do Officers Have Discretion

    Rare case: Entered in 74 after highschool in Germany, green card in mid-eighties, followed by a 12 year period where I was citizenship eligible, took only very brief trips. But after about 34 years here, my parents are 78 and 92, both have signif. health issues, spent a 7 and 10 months period back there, also picked up university subsidized molec. bio. training in Europe, cheaper there than here. Kept US bank accounts, but no residence here.

    Wrote INS letter informing that this longer trip was not intended to disrupted continuity, but did not file form.

    At a re-entry in 2007, NYC officer said " What are you doing" chided me for not having citizenship. Recently, asked at local USCIS office, got divided opinion: One said disruption of residence matters regardless of ancient residence here (my whole life, largely), but second officer said I should apply anyhow.
    Question: Do they actually have discretion to waive the continuity rule for me just bec. I come across very American, having been here just after teenage years..? Don't want to waste $645..maybe one could request automatic deferral of the application so the money is not lost ? Thanks for
    info, am very familiar with precedent records..no similar cases. The field manual does not cover this with a leniency suggestion, duh!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: 35 Years Here, but Disrupted "Continuous" Period - Do Officers Have Discretion

    Your absences of more than six months, but less than a year, create a rebuttable presumption that you intended to abandon your residence in the United States. You can rebut the presumption, with appropriate evidence of the reason for your extended absence. I would suggest consulting an immigration lawyer to put yourself in the best possible light when attempting to rebut the presumption.

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