staying more than 6months outside and applying for naturalization

[waterwh]

hi

first of all i'm a student outside usa and this past 2 years i've been maintaining The continuity of my residence .

This year i stayed 11 months outside the usa (more than 6 months ) and i heard that there's a chance that the continuity of residence can be maintained with strong evidence of ties.

and In the case they say i can't overcome the presumption, i have to wait 4 years and 1 day after coming back to apply ...

my question is when i enter after the absence of 11 months how can i know and where if my residency have been interrupted or not ?

so i can know when i should apply :/

[waterwh]

any response ?

[Angelo1]

What is your status in the US? Your pot is not clear and if you are a green card holder you have to let USCIS know if you plan to stay more than 6 months outside of the US or otherwise you may lose even you residence status assuming you are a resident.

[Donald_Trump]

waterwh I believe you are greencard holder and asking questions about maintaining continuous residency requirement for naturalization.

Please go through and read the official rules and requirements here - https://www.uscis.gov/citizenship/le...naturalization

Absence of more than 6 months outside US causes continuous residency to break. You can still apply for naturalization as per original eligibility but the proof of burden is on you to prove to USCIS that you had maintained strong ties to US like paying home rent, mortgage, auto insurance etc.

[waterwh]

yes exactly im a greencard holder and it's about maintaining continuous residency requirement for naturalization.
how can i know if my proof is accepted or not ?
so i can know when i should apply for naturalization ?

[Angelo1]

WaterH, You are not maintaining any residency. You are not a resident of any state in the US if you don't live there for at least 50% of the time. I would advise you call a lawyer and see what you can do so you dont lose your green card. And what Donald_Trump said is partially correct. But you have to prove to USCIS that you were maintaining a strong connection to the US so you dont lose your GC. The months you've spent outside of the US are not counted towards your naturalization process. Best of luck

[Donald_Trump]

waterwh Apart from continuous residence requirements, there is also physical residence requirements. For 5 years rule, I think 36 months physical presence (total and not continuous) in US (preceding N400 application) is also required. Strong proof for US ties are rent or mortgage payments (Showing you maintained a home in US). Auto loan or insurance payments etcetra. Again, in the end it is upto the discretion of USCIS to accept these. If you are absent from US frequently, then you have a very weak case.

[waterwh]

yes i'm frequently absent from the US cause i'm a student but i don't stay more than 6 months outside US except this time due to covid19...

and i know the 36months of physical presence rule (i'll stay the 3 last years of 5 years (all physicaly in the us) )

which mean i'll have

36 months of physical presence in the us ✓
continuity of residence (never been outside usa more than one year except once during covid19) X
(the absence is in the 2nd year of the 5 years)