I need a quick advise on whether to apply for Naturalization or not? I got GC on 10/06/2011 and now considering to apply for citizenship based on the 5 year rule. But i took a break of 320 days to take care of my father in India. Based on the USCIS requirement for continuous residency it says "An absence of more than six months [more than 181 days but less than one year (less than 365 days)] during the period for which continuous residence is required is presumed to break the continuity of such residence.? AND An applicant may overcome the presumption of loss of his or her continuity of residence by providing evidence to establish that the applicant did not disrupt his or her residence".
For the proof to overcome the presumption that i did not break continuous residency, i can produce US bank account statements, credit card, IRS tax returns, doctor certification on my father illness. Will this suffice? I checked with one of the attorney and she told these evidence are sufficient, but i am little skeptical going through different forum! Please share your thoughts whether proceeding with the application is advisable or not? Also do you know of any such instance in the past where USCIS has approved applications with break of 11 months?
They would certainly help, but what matters more is whether:
- you had maintained your employment (this is the most helpful factor);
- you had maintained your place of residence in the US (you can provide deed to house, apartment rental contract, water bill, gas bill, electricity bill, etc.) and/or;
- you had immediate family members residing in the US during that period.
(Evidence provided should included specific dates.)
This trip is the only long trip you took during the last five years, correct? Around how long ago did you return from this trip? I recommend checking this form Form I-90 Application to Replace Permanent Resident Card