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when can i apply for citizenship?

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  • when can i apply for citizenship?

    I have a question about naturalization . I Got my green card through Family immigration Aug 2002 .
    I was in the 12 grade and i was about start( enrolled ) college in my home country . After obtaining GC i took a re-entry permit went to my home country OCT 2002 to do my College education . I came back April 2003 till Sep 2003 spent my vaccation in US . and went back to my studies Oct 2003 ( my re-entry permit was Still valid till Dated till Oct 2005).

    The year of 2004 i could not come to the US due college in home country .
    I came back May 2005 stayed tilll July 2005 , during which i worked in target.
    Went back to home country July 2005 .
    Came back Nov 2005 till End of Dec 2005 , took a re entry permit this time again fresh . I filed my taxes for 2005 when i got the tax forms.
    I came Aug 2006 for a shor trip and went back sep 2006.

    Then finally Aug 1 2007 i came when i graduated in home country , and i stayed back and haven't gone back to home country ( except for 1 trip for less than a month ) . From Aug 1 2007 till current May 2010 i have been in US . I have held green card from Aug 2002 to current .

    When do you think i cann apply for citizenship ? During 2006 i was away for over 6 months but Less than 1 year due to Education.

    Pls advice , i have filed all my taxes on time and have document that i was pursuing my education in home country.

    Regards

    R

  • #2
    Aug 2, 2011

    Adding 4 years and one day from the return date from your last long trip, if things have not changed, you can file on Aug 2, 2011.

    Please read 8 CFR 316.5(c)(1)(i) and (ii) at uscis.gov or anywhere else you like.

    (i) talks about disruption of continuity of residence and (ii) supplies the remedy "......may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence...." provided that , any trip after that return date does not cause the disruption to continue or begin a new disruption.

    For example if you had returned on Aug 1, 2007, then left again and again for a series of five month trips until you finally had to stop travelling just to barely meet the "physical presence" requirements USCIS would argue that you had not returned "to resume permanent residence" until that last five month trip ended.

    Since you acomplished your goal of finishing your college degree that should not be a factor in your case.

    Good Luck,

    Bye

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