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N-400 with 180-Day Absences

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  • N-400 with 180-Day Absences

    My father passed the English and US history & government tests at his interview. But because he has two 180-day absences (what are the odds?), he was given instructions to provide a list of all his trips along with documentation supporting the maintenance of continuous residence for absences that were six months or longer.

    As far as I can gather, the law speaks of absences of six months or more, and nowhere is the month defined as 30 days. I understand that counting each month as 30 days is sensible and USCIS's modus operandi, but in a case like this it makes a difference: counting month-wise, the absences are a few days short of six months. Is it worth making such an argument, whether in a letter to the officer who will make the decision, or to a judge after the denial of the application?

  • #2
    My father passed the English and US history & government tests at his interview. But because he has two 180-day absences (what are the odds?), he was given instructions to provide a list of all his trips along with documentation supporting the maintenance of continuous residence for absences that were six months or longer.

    As far as I can gather, the law speaks of absences of six months or more, and nowhere is the month defined as 30 days. I understand that counting each month as 30 days is sensible and USCIS's modus operandi, but in a case like this it makes a difference: counting month-wise, the absences are a few days short of six months. Is it worth making such an argument, whether in a letter to the officer who will make the decision, or to a judge after the denial of the application?

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    • #3
      Hi aliz and welcome to ILW

      You said your father had 2 180 day absences. Was this in the past 5 years and was this in the same year, like one after the other? Did he go out of the country at any other time during the past 5 years since he applied for the N-400 or again during the application?

      When you apply for naturalization the immigrant has to have been in the US for half of the residency time. So for example, under the 5 yr, he would have had been in the US for 2.5 yrs.

      They also count the days not only from when he applies for Citizenship but also from when he had the interview (working back).

      If your father stayed out of the US for more than 6 months, they will be checking to see if he actually maintained his residency here, not only checking to see if he had a home here etc but also what he was actually doing abroad during the absence..liking working and so on.
      -----------------------------------------------------------------------------------------------
      God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

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      • #4
        I had my interview yesterday and the same thing happened to me. because of my frequent travelling abroad, the officer asked me to list all the travel dates and send it back to her, which i did the same day. now i'm waiting to see when they get back to me.

        would love to hear anyone else's experience in a situation like this. how long did it take INS to get back to them?

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        • #5
          -
          "who are you to judge the way I live-i'm not perfect,or live to be but before you start pointing fingers,make sure your hands are clean".....B.M. http://i36.tinypic.com/350ma8n.jpg

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sprint_girl07:
            Hi aliz and welcome to ILW </div></BLOCKQUOTE>

            Thank you.

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">You said your father had 2 180 day absences. Was this in the past 5 years and was this in the same year, like one after the other? Did he go out of the country at any other time during the past 5 years since he applied for the N-400 or again during the application? </div></BLOCKQUOTE>

            One between submitting N-400 and the interview, the other four years ago. He also had a 61-day trip last year, and a 10-month absence which ended five years prior to submitting the application.

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">When you apply for naturalization the immigrant has to have been in the US for half of the residency time. So for example, under the 5 yr, he would have had been in the US for 2.5 yrs.

            They also count the days not only from when he applies for Citizenship but also from when he had the interview (working back). </div></BLOCKQUOTE>

            Given that the above is the complete list of his absences, it's clear that the problem is discontinuity of residence, not shortage of physical presence.

            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If your father stayed out of the US for more than 6 months, they will be checking to see if he actually maintained his residency here, not only checking to see if he had a home here etc but also what he was actually doing abroad during the absence..liking working and so on. </div></BLOCKQUOTE>

            His trips have all been for family-related and personal purposes, as he stated at the interview. He does not have a job, he's retired. He does not own any property in the US, and he lives with me.

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            • #7
              Thank you, Sammy. What do you (and others) think about disputing USCIS's 30-days-per-month method of calculating the length of absences, since the law speaks of six months, not 180 days? My father's absences fall within six months by a few days when one counts the actual months. For example, his last trip was from Apr. 14 to Oct. 12, two days short of six months if we count month-wise.

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