N400 Online Application Eligibility

[Alcross888]

Hello. While checking the online eligibility process to apply for my naturalization, it tells me that I am not eligible, though I know that I am eligible. The reason I suspect is because I chose 'been out of the United States for more than 6 months'...actually I was out for 362 days in the last five years of stay in the U.S (been living for a total of 7 continuous years before my trip abroad). Will I still be allowed to do my N400 online or only through mail? I have all the evidence to maintain continuous residence and so that shouldn't be a problem. I have another problem where I was arrested on charges for Domestic Violence which was reduced to disorderly conduct and was in jail for only 3 days and has been on probation for 2 years (during which time I spent about a year abroad) and just have 5 months more before probation ends). Is it ok if I apply for naturalization without the removal of probation and erasing of court records? I definitely need to obtain it this year as I wish to bring my mother who is alone in India to live with me and my wife permanently. And also the CBP officer at my recent arrival into the U.S had made a note in my passport 'i327 and i427 advised' and told me that I would be denied entry and my green card confiscated if I once more travel outside the U.S for a year or so without obtaining a i327 first if I wish to travel outside for more than a year and also told me couple of times that I was not going to get my citizenship (I don't know he would say that). Please advise on my eligibility and probability of obtaining my citizenship.

[okccanary]

Not an expert, but just giving you my opinion.

Few questions:
1.What year was your 362 day absence? Did you apply for an i327
2. do you mean i407 instead of i427? If i407 it sounds like the CBP was saying he advised you that you abandoned your LPR
3.Was the previous 7 years residence all GC or other visas?

Sounds like the online system is treating it as if you broke the continuous residence requirement and has reset it. For continuous residence, an absence of between 6 months and 1 year is presumed to interrupt continuous residence requirement, but you can overcome it with strong evidence. But if you are unable to overcome it then your clock will be restarted. Therefore meaning you would be eligible to apply after 4yrs and a day or 4yrs and 6months after your return date from the 362 day absence.

Honestly I would speak to an immigration lawyer. You might still be eligible but you would need to have a lot of evidence to prove that you did not break the continuous residence requirement. However, 362 days is so close to a year and if you did not apply for an i327 then that is a pretty big burden to overcome. Annoyingly this whole process is based on the whims of the officer you get. For some this might not be a problem at all but for others it will be. There is no way of knowing how the officer will see this absence.

If it was me (But i am very cautious!) I would class my 362 as a reset and apply once i hit the requirement again for a probably more smooth sailing application. The fact that the CBP may have put advised I407 on your passport as well as the fact that you have a record it might make it easier for some officers to deny you.

However, if money is not an issue and you got nothing to lose then why not but it may be an extremely hard application process for you. I would definitely wait for other opinions and likewise if possible speak to a lawyer who is far more knowledgeable than me