my name is Maya Patel i am from India. i applied for citizenship 10 yrs ago but fail in English test. so they didn't gave me citizenship. now i am 62 yrs and had green card for 16 yrs. i like to re applying for citizenship.
i made trip to india on
(03 feb-09 to june29-09) and
( 28 oct-2009 to may-27-2010) and
(19 aug-2011 to feb05-2012) in last five years..
so i question is, is that problem for applying again because i was out of country for about 16 or 17 months for family death emergency in india. and also i do not speak English so what are the my other option? (i am 63 years and 16 years of us permanent resident)
please help and give me your contact information for future contact. thank you very much
Your time out of the country should not keep you from citizenship, but I agree with my colleagues, that the time out of country will be a small concern. Find yourself a good immigration attorney to help you through the naturalization process. Because you are over age 55 and you have had green card for more than 15 years, you do not have to take the English test. I do a lot of these up in Cleveland, and I do not think you will have a problem if you learn some of the basic civics.
Absences from the United States between 6 months and 1 year generally disrupt requirement of continuous residence necessary for naturalization. Therefore, your trip to India over 6 months will be subject to scrutiny.
However, following factors (where applicable) can be used to rebut this presumption and establish continuity of residence: proof that employment in the U.S. was not terminated and that you did not find new employment while in India, proof that your immediate family members remained in U.S. while you were in India, proof that you retained full access to your residence in the U.S., U.S. bank statements and credit cards, U.S. tax returns with U.S. residence on them, proof of U.S. auto insurance, proof of medical or life insurance, house or rent payments for your U.S. residence, U.S. driver’s license, photographs taken while in US, membership in U.S. organizations, U.S. school transcripts. And any other documents establishing ties to the United States.
Thus, as long as you can prove in your N-400 application that you still have employment, residency, immediate family and other ties in the United States, you should overcome the rebuttable presumption of breaking continuous residence.
I strongly recommend to hire an immigration attorney to either represent you, or to at least to review and critique yourN-400 application before submitting it to the USCIS for a better chance of success. Good luck!
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