US Citizenship Eligibility Question

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sshah1001

Registered Users (C)
Hi freinds,

I got my Greencard in Aug 2004. Then, in Jul'2005, I went to India for about 10 months. Since, then, I am in US. I think one can apply after 4 year and 9 months from the date of Greencard stamping.

In my case, When shall I be eligible to apply for the US citizenship?

I am confused because some people say that since I stayed outside US for 10months, it will add 10 months to 4.9 years which means total 5 years 7 months.

But, some people say I have to count 4.9years all over again from the date I came back after staying for 10 months in India.

Please note that while I was in India, I had filed my US Incometax return.

Please help me clear my confusion.

Thanks in Advance.
 
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Well if you can prove to the IO that you maintained US residency while away and prove you were not working abroad and had a home and bills you were still paying for in the US, you might be ok. You will have to have a lot of proof though. If not then your clock will reset and you would have to start counting 5 yrs minus 90 days from then.

Now there another rule that could apply that I'm not too familiar with that might make the time shorter, so hopefully someone can post that 4 yrs plus a day or something like that information if it applies...
 
Your 10 month absence in all likelihood, broke your continuous residence. You should be eligible to apply 4yrs+1day from the date you returned to the US. Sounds like April 2010 or thereabouts.

Theoretically you might be able to prove you didn't break residence while you were absent, but 10 months is a long time, and it'll take some pretty strong evidence.
 
It may also matter why you were out of US. If you can prove that you were out of country as a part of your job for a US company (Something that needs extensive travel) and you had house and utility payments still going on US, you may be able to get IO waive that requirement.
Otherwise, you restart 4.9 yr/mo clock after your last 6+ mo trip.
 
sshah1001 said:
Hi freinds,

I got my Greencard in Aug 2004. Then, in Jul'2005, I went to India for about 10 months. Since, then, I am in US. I think one can apply after 4 year and 9 months from the date of Greencard stamping.

In my case, When shall I be eligible to apply for the US citizenship?
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What was the purpose of your 10 month stay in India? Since your stay lasted more than 6 months you have broken the continuous residency requirement, and must prove intent if you plan on filling using the 4 year 9 month rule (May 2009 is earliest date you would be able to apply if you became a LPR in August 2004))

Evidence that could be used in this regard includes evidence of continuing US employment, family in the US, maintaining a home in the US, and evidence that no employment abroad has been obtained.

sshah1001 said:
I am confused because some people say that since I stayed outside US for 10months, it will add 10 months to 4.9 years which means total 5 years 7 months.

But, some people say I have to count 4.9years all over again from the date I came back after staying for 10 months in India.
Click to expand...

If you cannot prove intent sufficiently for your 10 month stay in India, the clock is reset to 4 years 9 months from the day you have returned from trip, which would mean February 2011 is earliest you can apply.

Note: The 4 years + 1 day rule only applies in instances to trips more than 12 months, providing you can have obtained a reentry permit and return within 2 years.
 
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I would also wait for 4 yr + 1 day or if you are not in a hurry 4 yr + 9 months to make sure you do not go through rejections etc. Once rejected it could be haunt you for next application etc. Thats just me.
 
Guys,

Thank you so much for all your replies to my post.

I had to move back for a family reasons. I did take up a job in India but that was a US based company though it was not the same company I was working in US. No family members stayed back. Neither I had a house or paid any bills every month.

I had taken a Re-entry permit for 2 years which wasn't utilized since I returned back within one year period. I haven't been outside US again for more than 6 months after I got my GC approved.

In this scenario, will 4yrs 1dy will work?

Thanks again!
 
sshah1001 said:
Sorry but, It sounds very confusing to me :(

Is it advisable in my case to take some layer's services or advice?
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Yes, the rules can be a little confusing, and you'll find that even the professionals (lawyers, USCIS staff, ...) differ in their opinions. Your best bet is first to read and digest the Adjudicators Handbook, along with anything you can find online, then maybe consult a lawyer or two if you are still unsure.
 
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