Continuous presense

[dove_jj]

Hello,

I got my GC in June of 2009. By my calculation I should be able to apply for citizenship in April of 2014. However, I visited India in November of 2012 and returned in December of 2012 (1 month). Does this mean I have to wait for 3 more years to establish continuous presence or can I just wait one month extra in April and apply?

Thanks for your help.

[fed_up3]

You're good

If you only had this one trip that lasted 1 month, than you are good to go. It doesn't break your continuous presence at all. You can apply for Citizenship 90 days before your eligibility date (5th anniversary of receiving your GC).

[dove_jj]

don't I have to wait for the extra number of days I was out of the country (1 month) before the 90 day rule?

If you only had this one trip that lasted 1 month, than you are good to go. It doesn't break your continuous presence at all. You can apply for Citizenship 90 days before your eligibility date (5th anniversary of receiving your GC).

[rayb]

Application for Naturalization can be submitted "within" the 90-day period before 3-year or 5-year anniversary of start of Permanent Resident status (depending on whether basis is "marriage to U.S. citizen" or not).

There is no "extra number of days" issue involved.

--Ray B

don't I have to wait for the extra number of days I was out of the country (1 month) before the 90 day rule?

[dove_jj]

Oh!! I'm sorry to belabor the point, but I thought any amount of time you spend outside the country would need to be added to the Anniversary-90 days date to be eligible.
So anniversary date - 90 days + 30 days (outside US) = date you can apply.

Application for Naturalization can be submitted "within" the 90-day period before 3-year or 5-year anniversary of start of Permanent Resident status (depending on whether basis is "marriage to U.S. citizen" or not).

There is no "extra number of days" issue involved.

--Ray B

[dove_jj]

Here is the text I am concerned about -



" (g) Conclusion. Physical presence within the United States for 30 months during the 5 years immediately preceding the application is a basic requirement for naturalization under the Act. There are statutory exceptions for certain classes of applicants who are eligible for a reduced period of physical presence, for constructive physical presence while outside the United States, or for exemption from the requirement. Those provisions, however, often prescribe conditions that must be met to qualify for the exception. Applicants who cannot meet all the stipulated conditions for the exception remain subject to the general physical presence requirement of section 316(a) of the Act in order to be naturalized."

[rayb]

I think you are over-analyzing. There is no evidence test for "continuous presence" if you stay(s) outside are infrequent, of short-duration, and you continue to maintain a U.S. address, submitted tax returns and other proof of continued U.S. domicile.

--Ray B

Here is the text I am concerned about -



" (g) Conclusion. Physical presence within the United States for 30 months during the 5 years immediately preceding the application is a basic requirement for naturalization under the Act. There are statutory exceptions for certain classes of applicants who are eligible for a reduced period of physical presence, for constructive physical presence while outside the United States, or for exemption from the requirement. Those provisions, however, often prescribe conditions that must be met to qualify for the exception. Applicants who cannot meet all the stipulated conditions for the exception remain subject to the general physical presence requirement of section 316(a) of the Act in order to be naturalized."

[cafeconleche]

Continuous residence is NOT broken if you take trips of less than 6 months unless they are back to back trips, which can be interpreted as trips that break continuous residence. Your one month trip does NOT break it, hence you can apply 90 days (to be safe, make it 80) before your 5 year permanent residence anniversary.

[dove_jj]

Thanks all for your help. Appreciate it!

Continuous residence is NOT broken if you take trips of less than 6 months unless they are back to back trips, which can be interpreted as trips that break continuous residence. Your one month trip does NOT break it, hence you can apply 90 days (to be safe, make it 80) before your 5 year permanent residence anniversary.