apply for citizenship and continues residency

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Needhelp12

New Member
Hi,

I have a question on how to count number of year for continues residency. I got green card on 28 December 2005 thru I-130. I arrived to U.S.A on January 2006. Stayed in USA for 8 months and got advance parole from INS to travel. I stayed out side of USA for 11 months and came back to USA before advance pay role expiration. After I lived in USA for 2 and half year, I travel out side the USA for 2 months in 2010 without getting an advance parole.

Since it has been 5 years when I got my green card, I would like to apply for my citizenship. I have read INS eligibility requirements

Based on above information the questions I have are:

1) Am I eligible to apply for citizenship because of my 2 travel trips out side of USA during those 5 years?
2) If I am not eligible to apply for citizenship, how long would I need to stay here to become eligible?

I am thinking about traveling in 2011 for a month, but do not want to do it before getting the citizenship.

Advance thanks for your professional advice in this matter.
 
I am confused about the AP part, if you had the GC why did you get a AP, are you talking about the AP or RP?
Other than that confusion even though you stayed outside US for over six months but was it was just for that one time you will be fine.
Generally if you got your GC 28 Dec, 2005 you have satisfied physical presence requirements for Citizenship at this time and can file for it now.
 
Read 8 CFR 316.5(c)

Your 11 month trip PROBABLY disrupted your residence for naturalization unless you can PROVE otherwise. Read the cited regulation. What was the purpose of your trip and what did you do while abroad, HOW did your retain your residence in the U.S. while away so long? If you cannot overcome the presumption of disrupted residence, you may be applying too early and wasting your money.
 
BigJoe5 said:
Read 8 CFR 316.5(c)

Your 11 month trip PROBABLY disrupted your residence for naturalization unless you can PROVE otherwise. Read the cited regulation. What was the purpose of your trip and what did you do while abroad, HOW did your retain your residence in the U.S. while away so long? If you cannot overcome the presumption of disrupted residence, you may be applying too early and wasting your money.
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Bigjoe5 is right, if you maintained your residence for the time that you were gone by providing lease, utility bills etc then you should still be OK.
It all depends on a IO at the interview, one could merely take your word for it and one might ask for multiple evidences for residence.
 
Needhelp12 said:
I stayed out side of USA for 11 months and came back to USA before advance pay role expiration. After I lived in USA for 2 and half year, I travel out side the USA for 2 months in 2010 without getting an advance parole.
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You mean to say you traveled with reentry permit, not advance parole. A reentry permit is used to preserve permanent residency. It doesn't preserve continuous residence.
 
Going back to the original post, you got your immigrant visa in 12/05 but did not become an LPR until you landed in the U.S. in 01/06, when you travelled for 11 months, you most likely did disrupt your residence for naturalization. Add 4 yrs and a day to the return date from your last trip of 6 months or more to be safe before applying for naturalization. Smaller trips count against physical presence. Continuous residence and physical presence and time as an LPR are all different things. Don't confuse them. Read the N-400 instructions to start with, read the Guide to Naturalization and associated information at www.uscis.gov and if you really feel a need to learn more, read 8 CFR 316 and INA 316.
 
Thank ALL for your input.
Yes, I meant to say I got reentry permit before travelling. I tried to read thru N-400 instructions, but they are not clear for my situation. I do not know if my 11 month trip affect my continues residency even I had the reentry permit. That is the reason I posted my questions. I appreciate If I get a proffesional advice on this matter. Thanks.
 
Needhelp12 said:
I appreciate If I get a proffesional advice on this matter. Thanks.
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Note that if you seek professional advice, you should call an immigration lawyer and formally ask for advice.

(Other than that... your questions have been answered already, so I won't answer them again.)
 
Needhelp12 said:
Thank ALL for your input.
Yes, I meant to say I got reentry permit before travelling. I tried to read thru N-400 instructions, but they are not clear for my situation. I do not know if my 11 month trip affect my continues residency even I had the reentry permit. That is the reason I posted my questions. I appreciate If I get a proffesional advice on this matter. Thanks.
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It is obvious that you did not read the information that is printed inside the re-entry permit because it answers your question.
 
Needhelp12 said:
T I do not know if my 11 month trip affect my continues residency even I had the reentry permit.
Click to expand...
Like I said, a reentry permit does not preserve continuous residence. A 11 month trip assumes a break in continuous residence unless you can provide evidence to prove otherwise.
 
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