Eligibility for Filing Citizenship...

[Kunalrd2000]

Hi

I Came to US 11h Aug 2004 with Gereen Card . I left US in Nov 2006 and came in Sept 2007 ( 10 months outside).

I am Present there after in US.

So am i eligible for Filing Citizenship or When i am eligible for filing.

Thanks

 

[Bobsmyth]

Hi

I Came to US 11h Aug 2004 with Gereen Card . I left US in Nov 2006 and came in Sept 2007 ( 10 months outside).

I am Present there after in US.

So am i eligible for Filing Citizenship or When i am eligible for filing.

Thanks

It depends on what US residency ties you have for the 10 months outside US.

 

[Kunalrd2000]

I did not get what does it mean by "what US residency ties you have for the 10 months outside US".. I am new to forum and dont know all terminology.

 

[Al Southner]

I did not get what does it mean by "what US residency ties you have for the 10 months outside US".. I am new to forum and dont know all terminology.

Hope you get it now, whenever you are issued a Legal Permanent Residency card, also known as a green card, US law requires that you maintain primary residency in the United States. If during the 10 months you lived abroad didn't have residency ties to the US, such an apartment, utility bills in your name, plus filing for taxes during the 2006 tax years, then you are going to have serious problems with USCIS when attempting to file for naturalization. If you didn't have any residency ties to the US during those ten months, you probably reset your residency required as of Sept 2007, which requires that you wait another couple of months...

Use the link below to educate yourself...

http://www.uscis.gov/USCIS/Office o...ource Center Site/Publications/PDFs/M-476.pdf

 

[madh4]

I did not get what does it mean by "what US residency ties you have for the 10 months outside US".. I am new to forum and dont know all terminology.

You can take a chance and apply now. You have completed 5 years since issue of GC and you have 30 months physical stay in USA in last 5 years. The break of 10 months can an issue and it will be left to your IO to decide. Max you will lose $665/-. Think it is a donation to Uncle Sam.

Alternately you want to be deadly sure of your application is approved, wait till May 2012 to file your application ( 3months less than 5 years from the date of your return in Sep2007 ).

I wonder whether you can apply under 4 year1day rule. Then you can file your application in Sep2011. Normally that rule is for those who have stayed abroad for more than a year and they have to wait for 4yr and 1 since their return. Strange are the rules. Penalizing you for returning in 10 months.

If i was in your place, i will take a chance and apply today and hope for the best.