5 yr on GC but 2 yr out of country. Eligible for citizenshp ?

D

DesiTech

Registered Users (C)
hi,

My spouse got her GC in Sep/2000 filed by her parents. Then went back to India to continue studies with 2 yr permission from INS. Return to US after 2 yr and stayed for 8 months in US and then took trip again back to India for 7 months. And then return back in May/2004 and still here since then.

Outline:
Got GC -- Sep/2000
out of US (Nov/2000 - Oct/2002) with permission from INS or USCIS.
Return to US -- Nov/2002
Stayed 10 months in US
Trip to India --- Sep/2003 (for 7 months)
Return to US -- April/2004

Since April / 2004 here in US.

based on this stasts we my spouse apply for citizenship.

Thanks in Advanace !!

:cool:
 
When you say "with permission of USCIS" do you mean that she had a re-entry permit, right?

If that so, that does not mean that she is exempt from the normal requirements (there are only few people who are exempt of the continous residency rule), she anyway break the continuos residency requirement not only because she was out by 2 years, but because she then make a trip for over 6 months. There are certain cases that the person can explain why was out so long and try to overcome that issue, but how she would be able to overcome the other 7 months abroad? So she will have to count all over again the 5 years from her last entry that it was on May04'.

That is my understanding but you can call the customer service or make an infopass and get clear on that.

Good luck,
 
I called customer services, they just read me the same instruction which is posted on uscis website.

But as I said according to this work sheet to check eligibility:
http://www.uscis.gov/graphics/exec/natz/worksheeta.asp

My spouse is qualified as per above link. Your views please ???

Also my spouse didnt paid any tax so far just for reason that she never worked. But since 2004 when we got married we are filing 2gether.
 
Did she file a form N-470?

If you want more clear answers you can contact a lawyer and check if she is really eligible.

By the requirements list and the way that is explain in the chart on the brochure and all that, she is not eligible; but by that worksheet could be if she filed the form N-470.

But the form N-470 is not file by everybody, and the person before leave the country should have an approved N-470.

I don't want to sound negative but you can check this link:
http://library.findlaw.com/1999/Jan/1/127117.html
 
r u sure its 7 months in 03....if it was less than 6 months in 03 then she will be eligible this nov....

the rule is if u go out of u.s for more than 6 months you can apply for naturalization after 4yrs and 1 day from the date you got back to u.s(total time as pr has to be 5 yrs)...

plz adress citizenship questions in citizenship forum. ;)

but if she was out for 7 months in 03,then she will be eligible in april 2008.

DesiTech said:
hi,

My spouse got her GC in Sep/2000 filed by her parents. Then went back to India to continue studies with 2 yr permission from INS. Return to US after 2 yr and stayed for 8 months in US and then took trip again back to India for 7 months. And then return back in May/2004 and still here since then.

Outline:
Got GC -- Sep/2000
out of US (Nov/2000 - Oct/2002) with permission from INS or USCIS.
Return to US -- Nov/2002
Stayed 10 months in US
Trip to India --- Sep/2003 (for 7 months)
Return to US -- April/2004

Since April / 2004 here in US.

based on this stasts we my spouse apply for citizenship.

Thanks in Advanace !!

:cool:
Click to expand...
 
also it is not 1 yr,it is more than 6 months which breaks your continuous residency.
i am not going to give u any links or tell you tht i am not a lawyer....coz i know this is the law for sure...

sorry
470 is for ppl working abroad in a american company not for ppl who go out for personal reasons....
 
DesiTech said:
hi,

My spouse got her GC in Sep/2000 filed by her parents. Then went back to India to continue studies with 2 yr permission from INS. Return to US after 2 yr and stayed for 8 months in US and then took trip again back to India for 7 months. And then return back in May/2004 and still here since then.

Outline:
Got GC -- Sep/2000
out of US (Nov/2000 - Oct/2002) with permission from INS or USCIS.
Return to US -- Nov/2002
Stayed 10 months in US
Trip to India --- Sep/2003 (for 7 months)
Return to US -- April/2004

Since April / 2004 here in US.

based on this stasts we my spouse apply for citizenship.

Thanks in Advanace !!

:cool:
Click to expand...

Going by the dates you posted, the continuous residence was repeatedly broken and the actual clock for citizenship starts from Apr 2004.
How?
Sep 2000 - Nov 2002 = ~ 26 months out of US (Continuous residence broken)
Sep 2003 - Apr 2004 = ~ 7 months out of US (Continuous residence broken again unless proof can be shown to USCIS as mentioned below)
This means continuous residence clock started in Apr 2004



Pages 18-24
http://www.uscis.gov/graphics/services/natz/English.pdf

In order to be eligible for filing N-400, here are the requirements
1. 5 years as a Permanent Resident
2. Have not stayed outside the United States for trips of 6 months or longer
2. 30 months of Physical presence in the united states

What if I was outside the United States for between 6 and 12 months?
If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your “continuous residence” unless you can prove otherwise. Read the “Document Checklist***” in the back pocket of the Guide to find out what information you must give to us to prove you did not break your “continuous residence.”

What if I was outside the United States for 1 year or longer?
In almost all cases, if you leave the United States for 1 year or more, you have disrupted your “continuous residence.” This is true even if you have a Re-entry Permit.


***From Document Checklist
If you have taken any trip outside of the United States that lasted for 6 months or more since becoming a Permanent Resident, send evidence that you (and your family) continued to live, work, and/or keep ties to the United States, such as:
1. An IRS tax return “transcript” or an IRS-certified tax return listing tax information for the last 5 years (or for the last 3 years if you are applying on the basis of marriage to a U.S. citizen)
2. Rent or mortgage payments and pay stubs.
 
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