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Citizenship - When can I apply?

Discussion in 'US Citizenship' started by Zurich_girl, Jun 3, 2013.

  1. Zurich_girl

    Zurich_girl Registered Users (C)

    Hi Everyone!

    I won the green card lottery and activated my green card in April 2011. Stayed in the US for 10 days and left. Then came back in October 2011 - mailed my re-entry permt application and stayed for 7 days. Came in December 2011 for fingerprinting and stayed for 2 weeks. Then came in June 2012 and stayed for 3 weeks. Finally, I entered in November 2012 and I am staying here for good.

    I understand I need 5 years of continuous residence to apply for citizenship. I also read that if you left the US for a long period (like I did between April 2011 and November 2012 with stays of a couple of weeks) - continuous residence is broken. However, the citizenship brochure also says that for a period like this, you can apply 365 days towards the residence requirement.

    According to my calculations, I can send my application for citizenship in August 2016 (3 months before qualifying and counting the time I was away as 365 days). Is this correct? Has anyone on the forum had a similar experience?

    Thank you for your help!
     
  2. Jackolantern

    Jackolantern Registered Users (C)

    You can't combine the 90-day headstart with the provision that allows counting 364 days of your away time.

    You'll be eligible to apply 4 years and 1 day after you returned in November 2012.
     
  3. cafeconleche

    cafeconleche Registered Users (C)

    Isn't there the possibility that the OP may be deemed not to have established permanent residence during those very short trips, therefore disqualifying her from the 4 year 1 day rule? I'd say to be absolutely sure, you'd ideally apply 90 days before 5 years after you moved to the US in November 2012. You can try the 4 year 1 day rule if you like, especially if you can afford to.
     
  4. Jackolantern

    Jackolantern Registered Users (C)

    I haven't read or heard of that interpretation being applied to similar situations in the past 3 years or so. I think they've stopped doing that, so it should be OK to use the 4 year + 1 day rule.
     
  5. Zurich_girl

    Zurich_girl Registered Users (C)

    Hi Everyone! I am getting ready to apply for citizenship. Same facts as above - I was away from when I got my green card in April 2011 till when I finally moved back for good - Nov 2012, with the exception of a few short trips - always making sure I am not away for more than 6 months and also got a re-entry permit in Jan 2012. I also filed taxes for 2011 and 2012.
    My questions are these:
    1) Is it safe to apply under the 4-year and one day rule? Which is about now.
    2) I worked when I was outside the US from April 2011- Nov 2012 before I finally settled here. Should I should disclose this job abroad on the application? Since it asks for work history in the last 5 years.
    3) What's the worst that could happen if my application gets rejected? Can my green card be taken away because I did not establish residence in April 2011 when I initially got the green card?
    Thanks for your input!
     
  6. Zurich_girl

    Zurich_girl Registered Users (C)

    Hi All! Just wanted to post my experience from my US citizenship interview. I had it yesterday and in short - the officer did not make a decision and said she will send a request for more information I need to provide. Everything went very fast and smooth till we got to the 2012, where I left the US on Jan 2nd, then came back for 3 weeks in mid June and then I finally moved to the East Coast in November 2012. I knew these 2 large trips will be a problem. I decided to apply in January 2017 anyway and take the risk. She kept asking me about what I was doing and where I was working. She really spent a long time on these 2 trips and I knew there would be an issue. She went to speak to her supervisor and came back and said she cannot make a decision and I will get a letter requesting more evidence. I asked her what exactly and she said - tax returns for example. So I am waiting to see the request for evidence letter.
    I am really disappointed because I consulted with 2 attorneys, who told me to go ahead and apply in January 2017. I also had a re-entry permit valid Jan 2012. Yes, I was working abroad but how else am I supposed to support myself without having a job?
    Should I withdraw my application and apply in November of this year, since this is when I will have 5 years with with only a couple of short 10 day trips abroad? I feel like even if I provide tax returns (I have filed federal taxes only for 2012, no state taxes as I had no US income), they will deny my application now.
    What do you guys think? Anyone with similar experience?
     
  7. Pierre82

    Pierre82 Well-Known Member

    I hope you get approval on the second try.
     

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