Green Card to Naturalization - Form N-400 urgent help

[nimitdoshi]

Hi,

I had a naturalization question and was hoping you guys could help me out. I have a green card and have been a permanent resident of the US for 8 years now although I have been physically present in the US for only the last 3 years (did an MBA and now working). From May 2006 through June 2011, I was studying/ working in India so could not move here. However, I visited the US once a year and kept my green card active (max stay out of US was 11 months for each of the years).
Now, I am applying for citizenship and one of the questions in the form N-400 that applies to me says that "in the past 5 years, have you have been out of the country for more than 6 months but less than 12 months", in that case you need to explain how you maintained ties to the US (paid taxes, rent). I have neither of those since I was finishing my studies and then was working in India. I moved to the US in July 2011 and have been here since.
Can I can still apply for citizenship since I have been physically present here for the last 36 months and have my green card for more than 5 years. Can I explain why I was out for 10 months in 2010 and 7 months in 2011? I satisfy all other conditions, its only this that I miss out on. Did anyone else face a similar situation?

Please help me, I really would appreciate your guidance and advise.

Thanks so much.

[rayb]

There are some variations on advice you can get in your situation, but what stands out in your description are the 11-months continuous time out in each year before you returned permanently in 2011. My advice is to wait until April 2016 (3 months before 5 years with 'continuous residency in U.S.), then apply with a relatively clean eligiblity timeframe.

--Ray B

Hi,

I had a naturalization question and was hoping you guys could help me out. I have a green card and have been a permanent resident of the US for 8 years now although I have been physically present in the US for only the last 3 years (did an MBA and now working). From May 2006 through June 2011, I was studying/ working in India so could not move here. However, I visited the US once a year and kept my green card active (max stay out of US was 11 months for each of the years).
Now, I am applying for citizenship and one of the questions in the form N-400 that applies to me says that "in the past 5 years, have you have been out of the country for more than 6 months but less than 12 months", in that case you need to explain how you maintained ties to the US (paid taxes, rent). I have neither of those since I was finishing my studies and then was working in India. I moved to the US in July 2011 and have been here since.
Can I can still apply for citizenship since I have been physically present here for the last 36 months and have my green card for more than 5 years. Can I explain why I was out for 10 months in 2010 and 7 months in 2011? I satisfy all other conditions, its only this that I miss out on. Did anyone else face a similar situation?

Please help me, I really would appreciate your guidance and advise.

Thanks so much.

[Drnaishal]

Continuous stay for u is from July 2011 to present... So as Ray said it will be April 2016 , however they count 1 year minus 1 day before ur continuous presence in it as well , so u can apply in April 2015 itself...


I have similar case but my question now is, do you need to prove ties for 2006-2011 .?

[rayb]

The "continuous residency" requirement should only ave to be proven for the start year from which the 5-year eligibility is being counted, 2010 or 2011.

I will defer to Drnaishal's "1 year minus 1 day" caveat, which would bring the submittal date to April 2015 (rather than 2016), but I haven't been comfortable with using that formula in the past.

--Ray B

Continuous stay for u is from July 2011 to present... So as Ray said it will be April 2016 , however they count 1 year minus 1 day before ur continuous presence in it as well , so u can apply in April 2015 itself...


I have similar case but my question now is, do you need to prove ties for 2006-2011 .?

[nimitdoshi]

Drnaishal & Ray - Thanks for your responses. I havent read anything about "the 1 year minus 1 day" argument. Can you pls elaborate on the same?

Do you think hiring an immigration lawyer would help? I am guessing there might be a way an expert can work around this legally? I know its a long shot but maybe it might help?

In my case, I was actually finishing bachelors and then masters and was working a couple of years in India. There was no way I could be paying taxes or mortgage while I was in India so I am not sure how can I show ties to the US - Do you think explaining this matter in the form would suffice? Also, is this continuous residence thing really important to be a deal breaker? I mean, they don't say it explicitly that if u don't have it, you are ineligible to apply unlike some of the other requirements where they are firm with regards to what they want.

Drnaishal - Can you tell me a bit about your case? Is it similar to mine?
Ray - Do you know anyone whose case has been rejected because of this continuous presence test?

Appreciate your thoughts. Thanks again.

Nimit

[rayb]

Nimi,

"continuous residence" boils down to time in the U.S. When applicants are on the borderline, the interviewers seem to show some flexibiliy.

--Ray B

Drnaishal & Ray - Thanks for your responses. I havent read anything about "the 1 year minus 1 day" argument. Can you pls elaborate on the same?

Do you think hiring an immigration lawyer would help? I am guessing there might be a way an expert can work around this legally? I know its a long shot but maybe it might help?

In my case, I was actually finishing bachelors and then masters and was working a couple of years in India. There was no way I could be paying taxes or mortgage while I was in India so I am not sure how can I show ties to the US - Do you think explaining this matter in the form would suffice? Also, is this continuous residence thing really important to be a deal breaker? I mean, they don't say it explicitly that if u don't have it, you are ineligible to apply unlike some of the other requirements where they are firm with regards to what they want.

Drnaishal - Can you tell me a bit about your case? Is it similar to mine?
Ray - Do you know anyone whose case has been rejected because of this continuous presence test?

Appreciate your thoughts. Thanks again.

Nimit