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3 month stay rule before applying N400

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  • 3 month stay rule before applying N400

    Hello,

    Could someone tell me when can I file N400 and how the 3-month stay rule works?

    my 5 year on GC is finishing on July 1st, 2011. Hence, I can file N400 on April 1st, 2011. So, my question is - Do I need to be the resident of the state from February 1st (3 months before filing N400)?

    I will be out of country for next 5-6 months hence wanted to make sure that when should I be there in the States to meet that requirement. I need to plan my contract job accordingly - so, it is very important for me to understand how that 3-month in current home rule works.

    Thanks much in advance.

  • #2
    Yes, the 3month residence is based on your application date so make sure to be back by end of Jan / beginning of Feb if you are applying in April 2011.

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    • #3
      Thank you.

      Comment


      • #4
        Outside USA for longer than 6month - risky?

        Another Question:

        If I need to be out of USA more than 180 days, then, would I risk my Citizenship eligibility? I've already been in USA for past 4 years on continuous stay and had no outside_country visits that lasted more than 6 months. That means, I had successfully finished 30 month rule, in a way.

        So, if I stay outside USA for more than 180 days (but less than 1 year), then would my GC continuous stay requirement would be RESET?

        Thanks again.

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        • #5
          Risky..yes...

          Originally posted by cooldude12345 View Post
          Another Question:

          If I need to be out of USA more than 180 days, then, would I risk my Citizenship eligibility? I've already been in USA for past 4 years on continuous stay and had no outside_country visits that lasted more than 6 months. That means, I had successfully finished 30 month rule, in a way.

          So, if I stay outside USA for more than 180 days (but less than 1 year), then would my GC continuous stay requirement would be RESET?

          Thanks again.
          Yeah thats a risk...even if you satisfied the 30 month physical presence...you still have your continuous residence requirement..which i understand is if you stay out more than 6 months, it "might" be reset...I wont advice doing that since you already have a lot of time in the US before leaving..It would be a waste...
          If its really urgent, i suggest you talk to a lawyer about it...If you can get a pretty good reason for leaving (proof of not abandoning residence), then maybe you can still be eligible, since the 6 months - 1 year absence (from what i understand) only assumes abandonment and is not an automatic "reset"...

          *This is not legal advice, consult a lawyer to be sure*
          Last edited by Jin03983; 10-04-2010, 03:44 AM.

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          • #6
            URGENT consider N-470

            Cooldude,

            IF you have to be absent for the U.S. for an extended period of time on behalf of your U.S. Employer, you should consult a lawyer and ask if might qualify to file a Form N-470 Application to Preserve Residence for Naturalization Purposes. Don't wait, do it ASAP. There is a filing deadline calculated from your commencement of business travel.

            Qualified applicants cover their accompanying spouse and child(ren).

            Don't delay,

            Bye

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            • #7
              3 month stay before applying N400

              I continuously was physically present for about a year in a district, and then I left the USA for about 4 months. I returned to USA to reside in the same district on Nov. 3, 2010. Do I have to reside for 3 more months in order to satisfy 3 month stay rule?
              Kindly advise. Thanks.
              Posted by
              Jim_Green

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