In 2008, I got my Green Card by winning the Green Card (Diversity) Lottery, then waited until 2011 to permanently move to the US. The main reason for the delay was that I had a decent job overseas and didn't want to give it up and face unemployment in the US during the recession.
I'm trying to understand when I am eligible to apply for US citizenship (I need 5 years of continuous residency).
The timeline is as follows:
-First time arrived in April 2008 with an Permanent Resident visa. Stayed in the US just for a few days. Used my friends' address to receive the GC and Social Security card.
-Second time, arrived in September 2008 for a few more days and applied for a Reentry Permit to be able to stay outside of the US for another 2 years.. Then arrived again in October 2008 to get fingerprinted (part of Reentry Permit application process), left 2 days later. Received reentry permit at the US embassy abroad a couple of months later.
-End of September 2010, arrived one more time for about a week. Was pulled in for secondary inspection at the border and got extra questions because of long absence, but they let me in because the Reentry Permit was still valid and it was less than 2 years since last departure. Then left the country again to finally finish my affairs overseas and relocate to the US permanently. Just in case, during the September visit I applied for another reentry permit, but that application was denied.
-Beginning of March 2011 (less than 6 months after previous departure), I finally quit my job overseas and moved to the US (already had a temp job lined up). Spent 3.5 months in the US until the temporary contract was over and then went travelling overseas between June and August 2011. My belongings were in the US at the time (self storage unit) and I didn't work overseas during that absence.
-End of August 2011. Arrived back to the US, found another job and haven't left the country for more than 3 weeks since then.
I've been filling out tax returns since I got the green card to meet the green card requirements even when I was overseas.
My questions are as follows:
-I understand that I broke continuity of residence between 2008 and 2011, but when can I apply for citizenship given that I need 5 years of continuous residence? My understanding is that the safest option would be to wait 5 years from September 2011. The next best option would be 5 years since March 2011 (no 6+ months absence since March 2011, but 3 months absence could cause issues I suppose). Then there is a rule that if you are away with a reentry permit for over a year, you can count the last year abroad towards 5 years, which would make me eligible to apply for citizenship by now, but given how much I traveled back and forth, not sure it applies to me even if I meet the >30 months continuous presence test.
-For personal reasons, I am considering applying in March 2016. How straightforward is this case? Are there likely to be issues? Is it advisable to get an immigration lawyer to help with my application? Does it make a lot of difference if I apply in March or wait until September 2016?
Just to clarify, my intention was always to settle in the US since I received the Green Card. I would have used it right away, but didn't want to give up the job abroad and face unemployment in the US during the recession.
Any advice is highly appreciated.
I'm trying to understand when I am eligible to apply for US citizenship (I need 5 years of continuous residency).
The timeline is as follows:
-First time arrived in April 2008 with an Permanent Resident visa. Stayed in the US just for a few days. Used my friends' address to receive the GC and Social Security card.
-Second time, arrived in September 2008 for a few more days and applied for a Reentry Permit to be able to stay outside of the US for another 2 years.. Then arrived again in October 2008 to get fingerprinted (part of Reentry Permit application process), left 2 days later. Received reentry permit at the US embassy abroad a couple of months later.
-End of September 2010, arrived one more time for about a week. Was pulled in for secondary inspection at the border and got extra questions because of long absence, but they let me in because the Reentry Permit was still valid and it was less than 2 years since last departure. Then left the country again to finally finish my affairs overseas and relocate to the US permanently. Just in case, during the September visit I applied for another reentry permit, but that application was denied.
-Beginning of March 2011 (less than 6 months after previous departure), I finally quit my job overseas and moved to the US (already had a temp job lined up). Spent 3.5 months in the US until the temporary contract was over and then went travelling overseas between June and August 2011. My belongings were in the US at the time (self storage unit) and I didn't work overseas during that absence.
-End of August 2011. Arrived back to the US, found another job and haven't left the country for more than 3 weeks since then.
I've been filling out tax returns since I got the green card to meet the green card requirements even when I was overseas.
My questions are as follows:
-I understand that I broke continuity of residence between 2008 and 2011, but when can I apply for citizenship given that I need 5 years of continuous residence? My understanding is that the safest option would be to wait 5 years from September 2011. The next best option would be 5 years since March 2011 (no 6+ months absence since March 2011, but 3 months absence could cause issues I suppose). Then there is a rule that if you are away with a reentry permit for over a year, you can count the last year abroad towards 5 years, which would make me eligible to apply for citizenship by now, but given how much I traveled back and forth, not sure it applies to me even if I meet the >30 months continuous presence test.
-For personal reasons, I am considering applying in March 2016. How straightforward is this case? Are there likely to be issues? Is it advisable to get an immigration lawyer to help with my application? Does it make a lot of difference if I apply in March or wait until September 2016?
Just to clarify, my intention was always to settle in the US since I received the Green Card. I would have used it right away, but didn't want to give up the job abroad and face unemployment in the US during the recession.
Any advice is highly appreciated.