Time Outside the United States

[eldaravr]

Hi All,

Can someone help me understand the term "Continuous Residence" for someone who wants to naturalize?

Background:

I've got my GC in 2012 through family reunion, while I was already a student who lives out of the state. In the first 2 years (2013-2014), I traveled once or twice a year to the US to preserve my residency without any problems at the POE.
Since I had a few years left to finalize my studies and internship, I had applied for a Re-entry Permit and got it in February 2015 valid for 2 years.
During 2015-2016, I got here for short time periods every 6 months and wasn't out for more than 6 months although I was able to due to the fact that I held the re-entry permit. On April 2017, I relocated permanently.

My family lives in the states and relocated almost 5 years ago (~2013). Soon they will apply for their citizenship.
I had an active bank account and filing my taxes every year according to the law in the past 5 years.

I would like to apply for citizenship in 11/2019 after the 30 months physical presence in the US (which I believe to be the earliest possibility).
Is that possible in light of my absence, as was described above, during my studies?

Thank you!

[001kja]

Having maintained your permanent resident status does not mean you meet both the physical presence requirement and the continuous residence requirement for naturalization. Reentry permit helps you keep your green card, but it doesn't help you become a US citizen.

Even if your trip was less than 6 months, multiple trips abroad can be viewed by a USCIS officer as not having maintained your continuous residence.

Given that you've left the US way too frequently and stayed way too short in the US during the last 4-5 years, your N-400 will probably be denied if you apply in 2019.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time."

[eldaravr]

Other advice?

The reason that I was outside of the US is just in order to complete my BA (education).
During this time, I never saw myself as a not resident. I filled my taxes, my entire familiay was here.

I will be happy to hear more experiences and similar situations that might happen to people here.

Thank you!

[suziq38]

The reason that I was outside of the US is just in order to complete my BA (education).
During this time, I never saw myself as a not resident. I filled my taxes, my entire familiay was here.

I will be happy to hear more experiences and similar situations that might happen to people here.

Thank you!

The USCIS is very strict with respect to "physical presence" in the U.S. Basically, you must live here more than live out. You can try to make an argument about being out because you wanted to complete your B.A., your choice.
Did you also pay rent here in the U.S.? Do you have cancelled checks for bills like utilities that you had to pay? You must prove that you did not abandon the U.S. as your "home." I can not predict how the USCIS will view any given situation.

I had one student who was a professor in a different country. He was out of the U.S. for slightly longer than 6 months on only two occasions. He was able to explain that he was a professor and taught the full semester, that is why he was out of the country longer than 6 months. Overall, he was in the U.S. longer than he was out of the U.S., so they accepted his explanation. Sometimes they do not.

I had another student who was gone more than he was in the U.S., and he wanted to take another lengthy trip. I told him that it was his choice whether to apply or not, but I did not think that his travel record would satisfy the USCIS rules of "physical presence." Even if he got a nice officer and he passed, there is the chance that another officer would review the case and notify the applicant that he did not pass because of a "new review." The student decided to wait until he was able to stay in the U.S. for more time.

In the end, there are so many rules. If you find one in your favor, "go for it." I can learn from your experience.

Good Luck.