Permanent Resident outside USA for more than 6 months.

[prasen]

Hi,

I acquired my Green card and entered the US on July 18th, 2008. My father had some serious medical ailments and our family had to return back to India on around December 9th, 2008. I came back to USA on June 29th, 2009. A total of 200 days outside USA. I applied for Naturalization on October 14th, 2013. My question is, will my trip create problems with the naturalization process? I was a minor, i.e, around 16-17 years old back in 2008 and wasn't working or studying in the US nor did I file any tax returns.

I would also like to point out that I made short leisure trips outside of US each year after that. Mostly during vacations. Though they never lasted more than 3 months at a time. I have met all other Naturalization requirements, i.e physical presence in the states, etc. Also, my mother became a citizen this past month. (if that makes any difference with my application)

Thanks.

[cafeconleche]

Well, now that you've applied, you might as well go through with it. Having said that, it could go either way. They can easily deny you for breaking continuous residence. Did you apply under the 5 year rule, or the 4 year 1 day rule? Anyway, take proof of why you had to stay out for so long (a letter from the doctor/hospital. Also, maybe have your parents write a letter, get it notarised, and take it. The letter ought to explain that you were a minor and had to stay out due to your father's health. It might help. If your parents owned property, a car, etc., take proof of that. If they filed tax returns, that could help. You can try and claim (and rightly so) that if they maintained ties to the US and didn't break continuous residence, you didn't either as you were under their care. I can't say it'll all work, but it could depending on how you argue the situation, and how nice your interviewer is.

[prasen]

Well, now that you've applied, you might as well go through with it. Having said that, it could go either way. They can easily deny you for breaking continuous residence. Did you apply under the 5 year rule, or the 4 year 1 day rule? Anyway, take proof of why you had to stay out for so long (a letter from the doctor/hospital. Also, maybe have your parents write a letter, get it notarised, and take it. The letter ought to explain that you were a minor and had to stay out due to your father's health. It might help. If your parents owned property, a car, etc., take proof of that. If they filed tax returns, that could help. You can try and claim (and rightly so) that if they maintained ties to the US and didn't break continuous residence, you didn't either as you were under their care. I can't say it'll all work, but it could depending on how you argue the situation, and how nice your interviewer is.

Much appreciated. Actually my father was outside for more than 6 months as well during that time. His naturalization application was denied, since he could not provide enough proof. (no tax returns, etc). His medical claims were not accepted either. I don't know if this affects my application or not.

I applied under the 5 year rule. I completed 5 years on 18th July, 2013. I could have applied 90 days before that, but applied in october. Almost 4-5 months after I was eligible. May be that helps with the application?

Can you or someone else here explain the 4 year rule? I'm still unsure how it works.

Thanks again.

[prasen]

Anyone?

[cafeconleche]

If you're out of the US and the trip was considered to have broken your continuous residence, you may apply for naturalisation 4 years and 1 day after your return from that trip. But, you must request it on the form, so it doesn't apply to you. Also, it's better to use the 5 year rule anyway. Why didn't you wait some time before applying for citizenship so that the long trip would have fallen outside the 5 year window?

[prasen]

If you're out of the US and the trip was considered to have broken your continuous residence, you may apply for naturalisation 4 years and 1 day after your return from that trip. But, you must request it on the form, so it doesn't apply to you. Also, it's better to use the 5 year rule anyway. Why didn't you wait some time before applying for citizenship so that the long trip would have fallen outside the 5 year window?

I should have, I know. But oh well. Let's hope for the best now.

In case they deny my application. When can I apply next? Do I have to wait for a specific amount of time?

Thank you for the prompt replies. You've been very helpful.

[cafeconleche]

If you're denied, it'll likely be for a break in continuous residence, in which case you can wait until 5 years have passed since you returned from your trip (which will likely be the middle of next year minus 90 days, or 80 days to be safe). But, don't give up yet. You could still be approved based on the fact you were a minor.

[prasen]

If you're denied, it'll likely be for a break in continuous residence, in which case you can wait until 5 years have passed since you returned from your trip (which will likely be the middle of next year minus 90 days, or 80 days to be safe). But, don't give up yet. You could still be approved based on the fact you were a minor.

Sounds good. Thank you so much.