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  • Continuous Residence and eligibility for citizenship

    I got my Green Card on Oct 17 2011.

    I have been out of country on India trip from April 26 2012 to July 14 2012.(80 days)
    I want to do some software courses in India and also stay with my parents for 171 days.
    My question to the senior members on this forum are following:
    1. When am I eligible to apply for citizenship?
    2. Will this 171 days stay out of country effect my continuous residency required to apply for US citizenship?( I read on USCIS website that one should not be out of country for more than 6 Months. But I got this doubt because 171 Days is very likely closer to 6 months right?)
    If not , Will I be questioned strictly for when I apply for citizenship?Are there any Chances of rejection because of this?
    Anyone please advice its very urgent for me.
    Last edited by pranaysai; 07-18-2014, 01:01 AM.

  • #2
    My advice would be to apply for Naturalization after July 18, 2016. Your single lengthy absence just shy of 6 months can be justified in such a way as to probably prevent a denial based on that single trip.

    -Ray B

    Originally posted by pranaysai View Post
    I got my Green Card on Oct 17 2011.

    I have been out of country on India trip from April 26 2012 to July 14 2012.(80 days)
    I want to do some software courses in India and also stay with my parents for 171 days.
    My question to the senior members on this forum are following:
    1. When am I eligible to apply for citizenship?
    2. Will this 171 days stay out of country effect my continuous residency required to apply for US citizenship?( I read on USCIS website that one should not be out of country for more than 6 Months. But I got this doubt because 171 Days is very likely closer to 6 months right?)
    If not , Will I be questioned strictly for when I apply for citizenship?Are there any Chances of rejection because of this?
    Anyone please advice its very urgent for me.

    Comment


    • #3
      Originally posted by rayb View Post
      My advice would be to apply for Naturalization after July 18, 2016. Your single lengthy absence just shy of 6 months can be justified in such a way as to probably prevent a denial based on that single trip.

      -Ray B
      Hello Ray,
      Thank you very much for reply.
      I did not understand your reply. So ,do you suggest going out of country for 171 days? Will it have any effect(chance of rejection) when I apply for citizenship ? If so how many days long absence can I take ? Will it be preferable to take 166 days instead of 171days?Or do you think that 171 days does not make a difference when compared to 166 days?

      My spouse got his green card in august 18 2011. can both of us apply separately? I read in previous threads that you do undertake naturalization processes,where are you located?
      Please reply to my doubts sir.

      Comment


      • #4
        Perhaps we misunderstood each other. I thought you had already been out of the country for 171 days, my mistake. A trip outside the U.S. for that length of time is close to the 6-month limit which could affect your Naturalization eligibility, but probably won't.

        Your spouse can apply for Naturalization after May 18, 2016.

        --Ray B



        Originally posted by pranaysai View Post
        Hello Ray,
        Thank you very much for reply.
        I did not understand your reply. So ,do you suggest going out of country for 171 days? Will it have any effect(chance of rejection) when I apply for citizenship ? If so how many days long absence can I take ? Will it be preferable to take 166 days instead of 171days?Or do you think that 171 days does not make a difference when compared to 166 days?

        My spouse got his green card in august 18 2011. can both of us apply separately? I read in previous threads that you do undertake naturalization processes,where are you located?
        Please reply to my doubts sir.

        Comment


        • #5
          Originally posted by rayb View Post
          Perhaps we misunderstood each other. I thought you had already been out of the country for 171 days, my mistake. A trip outside the U.S. for that length of time is close to the 6-month limit which could affect your Naturalization eligibility, but probably won't.

          Your spouse can apply for Naturalization after May 18, 2016.

          --Ray B
          Hello Sir,
          Thanks for your reply.
          Are the chances that my continuous residence will be effected are more if I stay for 166 days?How many days long absence can I take without effecting my continuous Residence?
          As I mentioned in my first post that I am planning to do some software courses in India.The sooner I can come back to USA is 150 days or else I have to drop the idea of doing courses over there.Do you think that 150 days absence will be good without any risk to continuous residence?
          Please answer.

          Comment


          • #6
            Pranahsai,

            The general rule is that aggregate time out of the country for 30 months or more in a 5-year period will disqualify you from meeting the "continuous residency" requirement. In addition, any absences of 6 months or more will be reviewed closely to determine if you have not maintained a continuous residency in the U.S.

            Based on what you have posted thus far, you don't seem to be in the danger zone or will be affected by a later absence of 170 days or so.

            --Ray B

            Originally posted by pranaysai View Post
            Hello Sir,
            Thanks for your reply.
            Are the chances that my continuous residence will be effected are more if I stay for 166 days?How many days long absence can I take without effecting my continuous Residence?
            As I mentioned in my first post that I am planning to do some software courses in India.The sooner I can come back to USA is 150 days or else I have to drop the idea of doing courses over there.Do you think that 150 days absence will be good without any risk to continuous residence?
            Please answer.

            Comment


            • #7
              when can I apply for citizenship?

              Hello friends,
              I have a question about applying for citizenship and I will be grateful if you guide me .
              I am a green card holder from April 20 ,2012 , I got reentry permission to complete my studies in my country , I tried to return US before 6 months even few days to keep my continuous present but for my last trip it took for about 8 months to return US again and from that time (Dec 5 ,2013) I live US , for my 8 months absence I have my tax return papers and also a bank account, Now I do not know when can I apply for citizenship? according to my reentry( that is 4 years after I entered US) or 5 years after I got my green card ? and if my case reject because of apply sooner ,does it cause any problem for me and I have to wait for 5 years more again ?
              Thank you in advance,
              Sara

              Comment


              • #8
                Should one assume that one can apply 3 months before the 5 year mark? My parents will hit their 5 year mark in Oct and they meet all the requirements. Can I do an early filing for them (90 days prior to hitting the 5 year mark) or is that only for spouse of US citizen?

                Comment

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