5 year PR to file for citizenship

[tomhulu]

I have been a PR for 5 years and I am about to apply for my US citizenship.

In the first year of my PR, I basically came into the US, got the 1551 stamp, stayed for 2 weeks and went back to my home country to tie up matters (sold business, etc etc). I returned to the US WITHIN a year and have stayed in the US every since (never left the country).

So I do meet the 5 year PR requirement. But I am confused on the maximum period of absence allowed.

Some say you cannot be absent for more than 6 months within that 5 years, others say you cannot be absent for more than 1 year. Which is which?

Which is correct?

"Be physically present in the United States for at least one half of the five years (or one half of three if spouse is a citizen), with no absences longer than six months;"

OR

"Today's general naturalization requirements state that you must have 5 years as a lawful permanent resident in the U.S. prior to filing, with no single absence from the U.S. of more than 1 year. In addition, you must have been physically present in the U.S. for at least 30 months out of the previous 5 years and resided within a state or district for at least 3 months."

 

[Bobsmyth]

Single absences of between 6 and 12 months presume break in continuous residence unless you have sufficient evidence to prove otherwise.
Single absences of more than 12 months automatically break continuous residence.

Leaving for more than 6 months and less than 1 year right after your GC approval is generally viewed as a break in continuous residence which is very difficult (if not impossible) to overcome.

 

[eltoro]

You'll be eligible to apply on the date you came back to the US (after you took care of your stuff) plus 5 years.

 

[Jackolantern]

Some say you cannot be absent for more than 6 months within that 5 years, others say you cannot be absent for more than 1 year. Which is which?

Which is correct?

Both are partially correct.

An absence of 6 months within the past 5 years* is grounds for denial, but that can be overcome if you can show strong enough evidence of maintaining residential ties to the US during that trip (e.g. kept your house or apartment, car, spouse remained in the US while you were away, US bank accounts, etc.).

An absence of 1 year or more within the past 5 years is automatic denial regardless of your ties to the US. There are limited exceptions -- if you got prior approval with form N-470 before or during the 1-year absence, or you qualify for expedited citizenship based on you or your spouse being deployed overseas in the US military or working for the US government.


*or 3 years if married to a US citizen.

 

[Huracan]

I never thought of this before. I know that if one breaks continuous residence, then the 4 years plus 1 day rule applies, so if the breakage happens right at the beginning of having a GC, would it be the case that someone could be eligible around the completion of 5 years of GC base on being a permanent resident for 5 years, and having had 4 years plus 1 day after the return to the US upon breaking continuous residence?

 

[thankful]

I have been a PR for 5 years and I am about to apply for my US citizenship.

In the first year of my PR, I basically came into the US, got the 1551 stamp, stayed for 2 weeks and went back to my home country to tie up matters (sold business, etc etc). I returned to the US WITHIN a year and have stayed in the US every since (never left the country).

So I do meet the 5 year PR requirement. But I am confused on the maximum period of absence allowed.

Some say you cannot be absent for more than 6 months within that 5 years, others say you cannot be absent for more than 1 year. Which is which?

Which is correct?

"Be physically present in the United States for at least one half of the five years (or one half of three if spouse is a citizen), with no absences longer than six months;"

OR

"Today's general naturalization requirements state that you must have 5 years as a lawful permanent resident in the U.S. prior to filing, with no single absence from the U.S. of more than 1 year. In addition, you must have been physically present in the U.S. for at least 30 months out of the previous 5 years and resided within a state or district for at least 3 months."

you are well advised to wait another year before applying--unless losing $700 is nothing to you.

 

[tomhulu]

I basically came into the US to check out the housing (where to stay, good school districts, potential jobs, etc). I got my driver's license. I already had a US bank account at that time. After all, I was in the process of moving over my whole family over and wanted to get more information.

I guess it is better for me to wait another year before I apply for US citizenship. Do I have to wait the full 5 years before I apply. Can I start the application say, 3 or 6 months before that 5 years is complete.

Now if I were to apply and get rejected would that impact my future chances of reapplying (other then losing the $700).

Both are partially correct.

An absence of 6 months within the past 5 years* is grounds for denial, but that can be overcome if you can show strong enough evidence of maintaining residential ties to the US during that trip (e.g. kept your house or apartment, car, spouse remained in the US while you were away, US bank accounts, etc.).

An absence of 1 year or more within the past 5 years is automatic denial regardless of your ties to the US. There are limited exceptions -- if you got prior approval with form N-470 before or during the 1-year absence, or you qualify for expedited citizenship based on you or your spouse being deployed overseas in the US military or working for the US government.


*or 3 years if married to a US citizen.

 

[Jackolantern]

I guess it is better for me to wait another year before I apply for US citizenship. Do I have to wait the full 5 years before I apply. Can I start the application say, 3 or 6 months before that 5 years is complete.

You can apply 5 years minus 90 days after the end of that initial long trip, which would be enough to ensure that it won't disqualify you.

Now if I were to apply and get rejected would that impact my future chances of reapplying (other then losing the $700).

If the denial is for breaking continuous residence, it won't hurt your future chances when you reapply.