Eligibility for Citizenship

[mohitbansal]

I have got my US green card in Aug 2002. I went back to India and came back to US again in Nov 2005 on Re-entry Permit. Since then I havnt taken any trip outside US states longer than 6 months.

I have already accrued 30 months of physical presence in United States and had GC from more than 5 yeras. Am I eligible to apply for Citizenship?

I already checked the U.S. Citizenship Questionnaire by USCIS, but didn't find much info.

[Arcticfox]

If you applied this month, the the five year period that needs to be reviewed begins on July 2004. According your dates below you would've been outside the U.S. from July 2004 to July 2005, a period of more than six months. You may be denied for lacking continuity of residence.

To be on the safe side you should wait until 4 years and 1 day have passed since you returned in November. To really be on the safe side you can wait 4 years, six months, and a day since your return (which would place this date sometime April 2010).

I have got my US green card in Aug 2002. I went back to India and came back to US again in Nov 2005 on Re-entry Permit. Since then I havnt taken any trip outside US states longer than 6 months.

I have already accrued 30 months of physical presence in United States and had GC from more than 5 yeras. Am I eligible to apply for Citizenship?

I already checked the U.S. Citizenship Questionnaire by USCIS, but didn't find much info.

[mohitbansal]

citizenship eligibility

Thank you for this great information. It is really helpful.

I was further researching after reading your message and got into M-476 guide-page 22, time to be counted when you are out of country, it states

"What if I was outside the United States for 1 year or longer?"

If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement"
It is also illustrated with example on page-23 for 1 year and 3 months outside.

But I was out for 3 years and 4 months. What rule is going to apply on that? For more than 3 years, would the last 6 months minus 1 day will be counted? As you mentioned I should wait for 4 years, six months, and a day, does it satisfy USCIS rules?

Thanks again in anticipation

Mohit Bansal

[Arcticfox]

Yes, waiting the 4 years, 6 months, and 1 day since you returned from any trip longer than 1 year will satisfy continuity of residence.

For any extended trip the last six months (or 364 days if you can establish that you did not abandon your residency) will not prevent a person from meeting the continuity of residency requirement. Its just that any time beyond will add to the total # of days to the trip which may render a person ineligible.

For example in the last 5 yeas Person 1 is out for a 6 month trip : no problem.
Person two is out for a trip 364 days: Will be problem unless he can establish he did not abandon his US residency.
Anyone out continuously for a 1 year to 5 years (in the past 5 years) will be considered to have abandoned their residency.

But I was out for 3 years and 4 months. What rule is going to apply on that? For more than 3 years, would the last 6 months minus 1 day will be counted? As you mentioned I should wait for 4 years, six months, and a day, does it satisfy USCIS rules?

Thanks again in anticipation

Mohit Bansal