初來乍到,請各位幫忙解讀一下:
本人2016年11月份拿到綠卡,直到2018年2月回國,2018年6月再次入境美國呆了三個月,2018年9月至2019年6月都在中國。這段期間已經超過了181天的限製,但是仍然在一年以內。2019年6月持返美證再次入境。我的問題是,如果我打算規劃入籍,可以從2016年11月份居住日算起,最快在2021年11月份入籍嗎?雖然2018/09-2019/06這段時間不在美國境內,但是本人在美國境內有常用銀行賬戶、信用卡、房產,且持續保稅,這些可以補償出境超過180天打斷持續居住的情況嗎?我看了一下USCIS網站有關breaks in continuous residence的說法:
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. This includes any absence that takes place prior to filing the naturalization application or between filing and the applicant’s admission to citizenship. [11]
An applicant’s intent is not relevant in determining the location of his or her residence. The period of absence from the United States is the defining factor in determining whether the applicant is presumed to have disrupted his or her residence.
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. The evidence may include, but is not limited to, documentation that during the absence: [12]
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The applicant did not terminate his or her employment in the United States or obtain employment while abroad.
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The applicant’s immediate family remained in the United States.
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The applicant retained full access to his or her United States abode。