Citizenship application question

M

mkadeola

New Member
I am currently a permanent resident and im going to be four years old in the united states in march. Im also currently a student and I am also contemplating going overseas for a summer internship for like two months not more than three months tho'. I was just wondering if this is going to affect my citizenship application, because I was planning on applying six months or three months before my five years are due. So that would be in october 2010 or in January 2011.
I thought there would be no problem until I read this on the USCIS website,
"To be eligible for naturalization under section 316(a) of the INA, an applicant must:
Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application"
Now im confused does this mean that i will be rejected if i apply three months before the five years or does this mean that i have to wait for 30months after i come back to apply for citizenship.
 
Last edited by a moderator:
u can apply 3 months ahead of ur 5th anniversary of being an LPR. 30 months criteria of physical presence can be reiterated as you have to be present in USA physically for 913 or 912 days in the 5 years span. and u should have maintained continuous residence in USA. if u had been abroad for long periods of time 180 days or more, or for more than 12 months and less than 24 months (with a re - entry permit) you have to look into options of prooving that u had maintained residency in the US and the trips were temporary. to be on the safer side apply 70 days ahead of the 5th anniversary of ur becoming LPR so u aint early
 
And make sure you don't end up with back to back overseas trips of several months each with just a token visit to the US to satisfy the 180 day rule. USCIS will put the onus on you to prove that you didn't abandon your residence during that time.

But if you're only planning a 2-3 month internship abroad, and you will otherwise be in the US, that trip will have no bearing on your application.
 
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