30 months in the previous 5 years

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poornimat

Registered Users (C)
My husband and I are US green card holders since Nov 2002. From Dec 2004- June 2008, we lived in India but never at any one given point of time stayed outisde US soil for more than 180 days. In India, we worked for Companies that were subsidiaries of the US Company. We also filed tax returns in the US while we lived in India.

We have now moved back to the US ( June 2008) and want to apply for US Citisenship.

A couple of questions re. this.

1. I would like to know what exactly the 30 months in the previous 5 years mean

Is it the previous 5 years from the application date?
OR
Is it 30 months in any previous 5years from the time we received out GC's

2. What are the chance that the application will go thru, if I apply anyways.

Looking forward to your reponse.

Thanks
Poornima
 
The residency requirements are described in §316 of the Immigration and Nationality Act (INA). Here is a part of it:

No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, (1) immediately, preceding the date of filing his application for naturalization has resided continuously, after being admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and (3) during all the period referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.

I will let the other folks answer you on the chance of your application going through as they are more knowledgeable than me on this.
 
Last edited by a moderator:
poornimat said:
From Dec 2004- June 2008, we lived in India but never at any one given point of time stayed outisde US soil for more than 180 days.
Click to expand...

Thats not a good statement to make to an IO.

If you want your natz to be approved, you better start thinking of ways to present your travels in a manner that shows you lived in the US and only visited India.
 
poornimat said:
My husband and I are US green card holders since Nov 2002. From Dec 2004- June 2008, we lived in India but never at any one given point of time stayed outisde US soil for more than 180 days. In India, we worked for Companies that were subsidiaries of the US Company. We also filed tax returns in the US while we lived in India.

We have now moved back to the US ( June 2008) and want to apply for US Citisenship.

A couple of questions re. this.

1. I would like to know what exactly the 30 months in the previous 5 years mean

Is it the previous 5 years from the application date?
OR
Is it 30 months in any previous 5years from the time we received out GC's

2. What are the chance that the application will go thru, if I apply anyways.

Looking forward to your reponse.

Thanks
Poornima
Click to expand...

Did you have a reentry permit and/or N-470?

30 month physical presence requirement is during the last 5 years as LPR immediately before applying for naturalization.
 
No, the N-470 is for preserving continuous residence for naturalization purposes (and in some case, physical presence) while you are outside the US, and the reentry permit is for maintaining your green card when you leave the US for more than a year.

But if you have to ask, that means you don't have it.
 
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