New York, NY asked in Immigration Law for New York

Q: what proof to come up with to show I didn’t break continuous residency in spite of 9 month absence

I have spent 9 months out of the country for medical reasons last year. Overall I will have 30 months presence out of 5 yrs by the time of filing n400. And that almost by the day.

I have low income as a part time delivery driver but self-sufficent. (5k/year) I frequent a church community and have had the same address (that of a friend) but often traveled.

Good morals, good English.

Do I realistically have a chance to get naturalized and what proof to present concerning the 9 months absence?

Since it presumably breaks the continuous residency. Got my GC through diversity lottery.

Thanks for your advice!

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1 Lawyer Answer
Sheri A Benchetrit
Sheri A Benchetrit
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: You have to prove that you have been inside of the US for the requisite time period (30 months over the preceding 5 years). You also have to document that you do not have any large periods of time outside of the U.S. an absence of 9 months can break the continuous physical presence and cause your N 400 to be denied. In order to rebut any negative presumption, you should gather evidence that you intended to continue living in the U.S. This can consist of lease agreements, bank statements, insurance, family members residing in the U.S. etc. Also if there was a legitimate reason or being outside of the U.S., such as a long term illness or illness of a family member, you should gather documentation of that as well. There are no guarantees, but these items might prove useful should you be asked to explain your prolonged absence. Best of luck!

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