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US Citizenship Application Question - 5 year rule and eligibility

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  • US Citizenship Application Question - 5 year rule and eligibility

    I and my wife received our Green Cards on 9/16/2013. We plan to apply for US citizenship, but we were outside US between 8/1/2014 and 10/12/2016. The 5 year rule is something I did not understand, and thus will appreciate any suggestions/comments about my questions (below).

    During the time we were outside US, I and my wife were in UK working in a big school. Before moving to UK, we filed for Re-entry permit, and received the travel documents. During this time, I came to US 4 times while my wife did not. Here are the important dates for me and my wife.

    Myself:
    Received green card on 9/16/2013.
    Left US on July 27 2014.
    Entered US on November 23 2014, and left on November 26 2014..
    Entered US on October 3 2015, and left on October 7 2015.
    Entered US on March 19 2016, and left on March 22 2016.
    Entered US on May 23 2016, and left on May 25 2016.
    Entered US on October 12, 2016.

    My Wife:
    Received green card on 9/16/2013.
    Left US on July 27 2014 and arrived UK.
    Entered US on October 12, 2016.

    Since October 12, 2016, we are in US. We both filed our tax forms and and have been actively looking for a job in the US during the time we were outside US. Here are the questions I have regarding N-400 application.

    1. Am I eligible to apply for US citizenship now? If not, when is the earliest I can apply?

    2. Is my wife eligible to apply for US citizenship? If not, when can she apply?

    3. When I was reading the online documents on US naturalization process, I am confused about the 'continuous residence' condition. Does that mean that because we were outside US over 1 year, the 5 year clock starts from scratch? I have entered US 4 times during that time, and they are less than 1 year from each other. I am not sure if this means that I did not break the 1 year rule. As I wrote above, I have paid my taxes, and have been actively looking for a job in the US, which I have documents to prove.

    We might work with a lawyer, but their fees are pretty high. If we are eligible, I plan on applying for the naturalization myself. Thus, I will greatly appreciate any feedback I can get. Thanks in advance.

    Best regards,

    I

  • #2
    Originally posted by randomnumber View Post
    I and my wife received our Green Cards on 9/16/2013. We plan to apply for US citizenship, but we were outside US between 8/1/2014 and 10/12/2016. The 5 year rule is something I did not understand, and thus will appreciate any suggestions/comments about my questions (below).

    During the time we were outside US, I and my wife were in UK working in a big school. Before moving to UK, we filed for Re-entry permit, and received the travel documents. During this time, I came to US 4 times while my wife did not. Here are the important dates for me and my wife.

    Myself:
    Received green card on 9/16/2013.
    Left US on July 27 2014.
    Entered US on November 23 2014, and left on November 26 2014..
    Entered US on October 3 2015, and left on October 7 2015.
    Entered US on March 19 2016, and left on March 22 2016.
    Entered US on May 23 2016, and left on May 25 2016.
    Entered US on October 12, 2016.

    My Wife:
    Received green card on 9/16/2013.
    Left US on July 27 2014 and arrived UK.
    Entered US on October 12, 2016.

    Since October 12, 2016, we are in US. We both filed our tax forms and and have been actively looking for a job in the US during the time we were outside US. Here are the questions I have regarding N-400 application.

    1. Am I eligible to apply for US citizenship now? If not, when is the earliest I can apply?

    2. Is my wife eligible to apply for US citizenship? If not, when can she apply?

    3. When I was reading the online documents on US naturalization process, I am confused about the 'continuous residence' condition. Does that mean that because we were outside US over 1 year, the 5 year clock starts from scratch? I have entered US 4 times during that time, and they are less than 1 year from each other. I am not sure if this means that I did not break the 1 year rule. As I wrote above, I have paid my taxes, and have been actively looking for a job in the US, which I have documents to prove.

    We might work with a lawyer, but their fees are pretty high. If we are eligible, I plan on applying for the naturalization myself. Thus, I will greatly appreciate any feedback I can get. Thanks in advance.

    Best regards,

    I
    Read about continuous residence here. An absence of between 6 months and 1 year is presumed to interrupt continuous residence, though it can be overcome with strong evidence of ties (though your travel pattern doesn't look good). An absence of more than 1 year definitely interrupts continuous residence. If continuous residence is interrupted, yes, it starts over counting from scratch. There is a rule that people who have interrupted continuous residence by being absent for more than 1 year can apply 4 years + 1 day after they return. So your wife would be able to apply on October 13, 2020 at the earliest. It is unclear if there is a similar rule for people who have interrupted continuous residence by being absent for between 6 months and 1 year (which would be your case if it is determined that you interrupted continuous residence).

    This is my personal opinion and is not to be construed as legal advice.

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