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  • Us Citizenship eligibility

    I became GC holder on 08/2017 and then I had a trip outside of Usa after getting GC card on 09/2017 to 05/2018 approx. 8 months.
    Then 08/2018 to 02/2019 approx. 3 months.
    Then 04/2020 to 04/2020 approx. 20 days So, I am looking to know when I will be eligible to apply for citizenship?


  • #2
    See USCIS Policy Manual, Volume 12, Part D, chapter 3. An absence of between 6 months and 1 year is presumed to interrupt continuous residence, but this presumption can be overcome with strong evidence. If you can overcome the presumption, then continuous residence is not interrupted, and you can apply 90 days before you have been a permanent resident for 5 years, so some time in May 2022. (I am assuming you are applying under the 5-year rule. If you are applying under the 3-year rule, subtract 2 years.) If you cannot overcome the presumption, continuous residence is interrupted, and you have to wait until 4 years and 6 months from your return, so some time in Nov 2022.

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

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    • #3
      For the 8 months, I had to go to India to complete my 1 year bachelor's degree left, I do have certificate of my degree. But as I have crossed the 4 year 6 months from May 2018 , I am hoping I should be good to apply for citizenship without any problems.

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      • #4
        As I described above, even if you don't have evidence of ties and thus had interrupted continuous residence, you would still be eligible for naturalization now.

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

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        • #5
          Thanks for the replies.

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          • #6
            One more thing calculating days after May 2018 I will only reach 4 years and 6 months. Us citizenship site says you can apply 90 days before. So, I have to wait 3 months I believe if I follow the continuous residence after May 2018?

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            • #7
              Originally posted by Ed5085 View Post
              One more thing calculating days after May 2018 I will only reach 4 years and 6 months. Us citizenship site says you can apply 90 days before. So, I have to wait 3 months I believe if I follow the continuous residence after May 2018?
              No. You have continuous residence since 6 months before May 2018, i.e. Nov 2017 (since there was no absence of 6 months between Nov 2017 and now), so you already have more than 5 years of continuous residence. You are not using 90 days early filing. Did you read the chapter I linked to above?

              If the applicant is unable to rebut the presumption, he or she must wait until at least 6 months from reaching the 5-year anniversary of the newly established statutory period following the applicant’s return to the United States.
              Last edited by newacct; 12-17-2022, 07:56 PM.

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

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              • #8
                Not completely, will read it. Appreciate your help and thanks for the replies.

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