Continuous Residence requirement

[gc_123]

I'm a little confused about when I can apply for citizenship. I would greatly appreciate your response in this regard.

I was issued permanent resident card on Jan 21 2001. When can I apply for us citizenship?

My record of Travel In an out of US are as follows:

1. Came to US on Feb 06 2001 and left for India on Feb 19 2001 (Was in US for 2 weeks. Took 2 year re-entry permit)

2. Came to US on Feb 11 2003 and left for India on Feb 25 2003 (was in US for 2 weeks)

3. Came to US on Feb 19th 2004 and left for India on Mar 02 2004 (was in US for 2 weeks)

4. Finally came back to US on Jan 05 2005 and have been in the US since then. Basically, had been out of US for about 11 months(less than a year) on the last reentry.

So when can I apply for us citizenship

Thanks

 

[Bobsmyth]

I'm a little confused about when I can apply for citizenship. I would greatly appreciate your response in this regard.

I was issued permanent resident card on Jan 21 2001. When can I apply for us citizenship?

My record of Travel In an out of US are as follows:

1. Came to US on Feb 06 2001 and left for India on Feb 19 2001 (Was in US for 2 weeks. Took 2 year re-entry permit)

2. Came to US on Feb 11 2003 and left for India on Feb 25 2003 (was in US for 2 weeks)

3. Came to US on Feb 19th 2004 and left for India on Mar 02 2004 (was in US for 2 weeks)

4. Finally came back to US on Jan 05 2005 and have been in the US since then. Basically, had been out of US for about 11 months(less than a year) on the last reentry.

So when can I apply for us citizenship

Thanks

I would say 4 years + 1 day from Feb 11 2003 if you can prove that you did not intend to break continuous residency requirement during 2003 and 2004. However, since the 2003 and 2004 trips were back to back with on;y 2 week stay in US, I would think it would be very difficult to prove you did not intend to break continuous residency. this being said, your best best is to wait 4 years +1 day from Jan 5 2005 before applying.

 

[boatbod]

I'm a little confused about when I can apply for citizenship. I would greatly appreciate your response in this regard.

I was issued permanent resident card on Jan 21 2001. When can I apply for us citizenship?

My record of Travel In an out of US are as follows:

1. Came to US on Feb 06 2001 and left for India on Feb 19 2001 (Was in US for 2 weeks. Took 2 year re-entry permit)

2. Came to US on Feb 11 2003 and left for India on Feb 25 2003 (was in US for 2 weeks)

3. Came to US on Feb 19th 2004 and left for India on Mar 02 2004 (was in US for 2 weeks)

4. Finally came back to US on Jan 05 2005 and have been in the US since then. Basically, had been out of US for about 11 months(less than a year) on the last reentry.

So when can I apply for us citizenship

Thanks

Its late and my brain hurts trying to figure out your dates. Seems to me you spent the majority of your time outside the US, and did not even established your initial residency (90 days in district) before breaking it.

For safety, I suggest you apply 5yrs less 90 days from Jan 2005. Maybe you can apply earlier based on the 4yr+1day rule, but I think you're going to get a lot of heat from the IO; you may have had a reentry permit for the first 2 years absence, but your total absence (discounting "visits" to the US) extended to 4 years, which is very firmly in "abandonment" territory.

 

[DocyBear]

I'm a little confused about when I can apply for citizenship. I would greatly appreciate your response in this regard.

I was issued permanent resident card on Jan 21 2001. When can I apply for us citizenship?

My record of Travel In an out of US are as follows:

1. Came to US on Feb 06 2001 and left for India on Feb 19 2001 (Was in US for 2 weeks. Took 2 year re-entry permit)

2. Came to US on Feb 11 2003 and left for India on Feb 25 2003 (was in US for 2 weeks)

3. Came to US on Feb 19th 2004 and left for India on Mar 02 2004 (was in US for 2 weeks)

4. Finally came back to US on Jan 05 2005 and have been in the US since then. Basically, had been out of US for about 11 months(less than a year) on the last reentry.

So when can I apply for us citizenship

Thanks

Hey, our situations are very similar though I was nv out US for more than a yr.
I was going to school in Singapore when I was a minor (USCIS definition is under 21 and unmarried) with my parents. My dad started out working overseas with US embassy and then was later offered a better position in a MNC bank in Singapore. So I have to stick with my family. I came back to states during school breaks and stayed for 2 to 3 weeks. I came back right before I turn 21 for university in 2005. Now I am in the process of applying for citizenship.

I am just curious what's your reason for spending so much time outside US?

Because the explanation is very important along with the documents you will need to prove your activities outside US and maintain ties with the states.

I have a law film working on my case and I did also talked to Rajiv about my situation, he agrees with my lawyer that there shouldn't be too much hassel for me to get my citizenship. Therefore, I guess your intention and activities outside US is very important, especially if the circumstances prevent you from coming back.

You should really consult a lawyer or Rajiv during his conference call event for legal opinions. People here will only be able to give you advices base on their experiences or account of other's experience. It is more important for you to know the pros and cons to apply for citizenship.

 

[warlord]

Yep most definatly you broke your residency (2 weeks visit in the US after each long absence will not preserve it as you need to live in the US not visit it). Start counting from 2005. And yes I'm sure the IO will be really curious of why you were gone from the US for so long and not living here. Even with a re-entry permit, there will be questions.

So that would put you in 2009 or 2010 to apply...