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Results 1 to 8 of 8

Thread: N-400 with 180-Day Absences

  1. #1
    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. #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?

  3. #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.
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  4. #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?

  5. #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

  6. #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.

  7. #7
    Member
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    Any trip to abroad for more than 6 months will directly questions and challenges the Contineous Residency requirement for naturalization purpose. INA 316:
    "b) Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under section 336(a) , shall break the continuity of such residence, unless the applicant shall establish to the satisfaction of the Attorney General that he did not in fact abandon his residence in the United States during such period."

    I know at least 23 immigrants who are waiting to have a decision on their application for 6-8 weeks under the very same reason. I've noticed most applicants have gotten denial in this situation, and a very few were able to get thru with approval. So it's just luck factor. Don't be confused with Physical presence requirement with Contineous presence requirement.

    Naturalization examiners are scrutinizing extended trips outside the U.S. more closely. With respect to absences of more than six months and less than one year, there appears to be an increasing tendency for the USCIS to deny such applications on ground that the applicant has failed to maintain continuous residence in the U.S. If an applicant has had absences of more than six months and less than a year, he or she must still be given the opportunity to rebut a presumption of disruption of continuous residence, provided that the total time spent in the U.S. complies with the INA’s “physical presence” requirements. Such evidence includes, but is not limited to, the following: evidence that one’s employment in the U.S. was not terminated (or evidence that applicant continued to receive benefits such as health coverage); evidence that the applicant continued to maintain a residence in the U.S.; evidence that family members remained in the U.S. while the applicant was outside the U.S.; or evidence that the applicant did not seek or obtain employment abroad.

    It is essential that applicants be able to establish that their intention was to maintain residence in the U.S. and substantiate this intention with as much documentary evidence as possible prior the interview, to prevent a denial of the application. Maintaining an apartment in the U.S. but renting it out the whole time may not be a successful argument. Also, working overseas on behalf of a US business/entity may not succeed. Note that the 180+ day interruption should be within the qualifying 3/5 year period. 180+ day trips outside the qualifying period should not be relevant. Moreover, the departure should be more than 180 days. Some examiners improperly club two back to back lengthy trips out of the U.S. of less than 180 days. It will remain the applicant’s burden to prepare a solid case. Also, if an applicant filed a non-resident federal/state tax return, or failed to file federal/state returns because he/she considers himself or herself to be a nonresident alien, it raises a rebuttable presumption that the applicant has relinquished the privileges of permanent resident status in the U.S. 8 C.F.R. § 316.5(c)(2).

    You may read more about this issue in greater detail over here-

    http://library.findlaw.com/1999/Jan/1/127117.html

    http://www.ilw.com/articles/2006,0109-mehta.shtm

    http://www.immigrateusa.us/con.../blogcategory/15/44/

    http://www.murthy.com/chatdb.asp?Category=citizenship

    http://www.cyrusmehta.com/Sub_...x=ocyrus200712901825

    http://www.brama.com/novakhvylia/messages/3051.html

    http://www.immihelp.com/forum/...ndex.php/t-1318.html

    http://www.visajourney.com/for...28&pid=1849554&st=0&

    Any argument must be made on appeal and not to the officer while case has not been decided yet.

    Good luck...



    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aliz:
    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? </div></BLOCKQUOTE>

  8. #8
    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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