eligibilty question for citizenship

nikki76

New Member
i had my green card since 1997 but have been permanently residing in US just for the last 4years and 5months. i always had a reentry permit to come back and had visited US for 1mth in 98, and then 1 week in 2000 and 2 weeks in 2001. My lawyer said i am eligible for Citizenship as he showed me the 4yr and 1 day clause but i am still confused but want to get it asap so that i can call my husband. please if somebody can clear my confusion.
 
You are probable better off waiting full 5 years. It seeems you definitely abandoned your residence right after you got your green card (you even admitted yourself). There is no doubt it will be questioned at the interview and you'll have to justify your absence.
 
i had my green card since 1997 but have been permanently residing in US just for the last 4years and 5months. i always had a reentry permit to come back and had visited US for 1mth in 98, and then 1 week in 2000 and 2 weeks in 2001. My lawyer said i am eligible for Citizenship as he showed me the 4yr and 1 day clause but i am still confused but want to get it asap so that i can call my husband. please if somebody can clear my confusion.

Your eligibility to apply hinges on the answer of this question: As a GC holder, have you for the past 5 years left the US for trips of 6 months or longer? This is a Continuous Residence requirement and a ‘Yes’ answer makes you eligibility to apply for Naturalization. From you post, you seem to meet Physical Presence requirement of 30 months (you have completed 53), but I doubt if you meet the Continuous Residence requirements. For self-assessment, please review the page 17 - 21 of "The Guide to Naturalization" which is available on the USCIS website.

Continuous Residence“Continuous residence” means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your continuous residence.

Physical Presence
“Physical presence” means that you have actually been in the United States. Most applicants must be physically present in the United States for a certain number of months to be eligible for naturalization.
 
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