Eligibility to apply Citizenship!!!

[gracedavis]

Dear Attorney & Friends,
My mother has been here in US on Green Card for more than 7 years. She got her GC on March 1998.She stayed with me for 4 months and left to home country for 2 years with permit.After that she is traveling to and fro for every 6 months. Now she has been here more than 47 months.Would you please inform, can I able to apply citizenship ?

USA in: Mar 12,1998 USA Out: Jul 08, 1998 - 4 months
............ON Leave..........................................
Arrived Departure
usa in: jun 22,2000 usa out: sep 08, 2001- 15 months
usa in: feb 04,2002 usa out: may 04,2002- 3 months
usa in: sep 19,2002 usa out: jan 25, 2003- 4 months
usa in: jun 25,2003 usa out: jan 15, 2004- 7 months
usa in: jun 02,2004 usa out: jan 20, 2005- 7 months
usa in: jul 11,2005----------------------->- 11 months
-------------------------------------------------
Total: 47 months
-------------------------------------------------

Thanks in advance.

 

[asdrubal22]

as far as i know she is elegible.

 

[ari4u]

Dear Attorney & Friends,
My mother has been here in US on Green Card for more than 7 years. She got her GC on March 1998.She stayed with me for 4 months and left to home country for 2 years with permit.After that she is traveling to and fro for every 6 months. Now she has been here more than 47 months.Would you please inform, can I able to apply citizenship ?

USA in: Mar 12,1998 USA Out: Jul 08, 1998 - 4 months
............ON Leave..........................................
Arrived Departure
usa in: jun 22,2000 usa out: sep 08, 2001- 15 months
usa in: feb 04,2002 usa out: may 04,2002- 3 months
usa in: sep 19,2002 usa out: jan 25, 2003- 4 months
usa in: jun 25,2003 usa out: jan 15, 2004- 7 months
usa in: jun 02,2004 usa out: jan 20, 2005- 7 months
usa in: jul 11,2005----------------------->- 11 months
-------------------------------------------------
Total: 47 months
-------------------------------------------------

Thanks in advance.

I dont have much information regarding your mom's case....So in general... if your mom got her GC as the spouse of a USC, then this is the requirement for her.

In order to be eligible, she has to show...
1. Continuous presence : 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer. If she is away from the US for more than 6 months, the continuous presence clock starts all over again.
2. Physical presence: 18 months


If she got her GC by other means...
1. Continuous presence : 5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer. If she is away from the US for more than 6 months, the continuous presence clock starts all over again.
2. Physical presence: 30 months

In my opinion, your mother (though she meets the phyical presence requirement) does not meet the continuous presence requirement as she has been away from the US for periods of more than 6 months on her prior visits and hence is ineligible to file citizenship. She can however file in 2008 if she manages to stay out of the US for less than 6 months each trip. Her continuous presence clock started in jun 2003 as she has been in the US for more than 6 months every year from then on. Naturalization experts, please comment..... Suzy, Jen??????



From USICS:
What is the difference between “physical presence” and “continuous residence”?
“Physical presence” involves the total number of days you were outside the United States on all of your trips. “Continuous residence” involves the number of days you were outside the United States during a single trip. Even if you never took a trip that was long enough to disrupt your “continuous residence,” you may have taken so many short trips that you do not meet the “physical presence” requirement.