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N400 Denied due to break in Continuous Residence

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  • N400 Denied due to break in Continuous Residence

    Applicant had a 7 month trip roughly 4 years ago. Evidence was provided for hospitalization but the Interviewing officer argued that applicant should have returned the very next week after the hospitalization even though applicant stated that there were follow up doctor visits and tests. Additional documentation for hospitalization in the USA for same condition was also provided at the interview to establish that applicant has a history of suffering from this disease.

    Applicant in this case is a 65 year old widow; all her children (and grand children) have been US Citizens for several years. She has shown Tax Returns for more than 5 years in which she is shown a dependent on her son. She has also shown W-2s from part time jobs that she has done over the years. Mortgage statements which are in her son's name where she maintains her permanent residence. Bank and Credit card statements that all have the same mailing address that is on all tax returns, permanent residence, W2s, etc.

    However, none of this evidence is good enough to establish that she has not maintained continuity in her residence.

    Is the bottom line that she will never be able to prove that she has been permanently residing in this country for the last 10 years as long as she doesn't adjust her traveling habits in a way that makes all trips under 6 months? How does one prove that he/she hasn't broken the continuity in residence?

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