Legal Question in Immigration Law in Florida

Absence of more than 6 months but less than 1 year. What constitutes abandon of

I have been a permanent resident since 1993. From august 1998 to mai 1999 I went back to my country to help my parents recover from an serious automobile accident. I applied for citizenship in august 2001.According to 8 U.S.C 1427, such an absence will break continuity of residence unless I can establish that I did not abandon my residence during my absence.During that period I left my house with a real estate management company and rented it.

What constitutes abandon of residence, was it the case for me?


Asked on 2/16/02, 11:30 pm

2 Answers from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Absence of more than 6 months but less than 1 year. What constitutes abandon

Did you file income taxes returns every year as a resident? Did you have a re-entry permit? If the answer is no,I would suggest you hire a lawyer to represent you. It would appear that you have a difficult case for naturalization. Or, you could withdraw you application and refile when you accrue the time again and have no abandonment issue.

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Answered on 2/17/02, 3:21 am
Richard Alvoid Richard Alvoid, PA

Re: Absence of more than 6 months but less than 1 year. What constitutes abandon

Your more than 6 month departure creates a presumption of abandonment since the departure was less than one year. The Board of Immigration Appeals in the case "Matter of Huang" set forth several factors to be considered in overcoming the presumption (e.g employment; home; bank accounts/taxes; etc). You simply need to make a legal argument noting the above factors. Keep in mind that your impression on the examiner might help to persuade him/her that you merely intended an 8 month stay al the while. Good luck! Email if you have further questions.

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Answered on 2/17/02, 12:38 pm


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