eligilibilty for US citizenship

lake65

Registered Users (C)
Hi everyone,

I just want to know if somebody is living here on green card (family based) for 6 years and went to his home county after 6 years for about 14 months (with re-entry permit). will he be eligible for applying citizenship when he returns or he will have to wait again 5 yrs to apply for citizenship?

Thank you
Lake65
 
You have broken your continuous presence, so now you will have to wait for 4 more years now and only then you can apply under 4y+1d rule.

Hi everyone,

I just want to know if somebody is living here on green card (family based) for 6 years and went to his home county after 6 years for about 14 months (with re-entry permit). will he be eligible for applying citizenship when he returns or he will have to wait again 5 yrs to apply for citizenship?

Thank you
Lake65
 
Last edited by a moderator:
With an absence of upto 12 months, this might have been possible, but since it is 14 months, you will have to apply after 4 years + 1 day.
 
Hi everyone,

I just want to know if somebody is living here on green card (family based) for 6 years and went to his home county after 6 years for about 14 months (with re-entry permit). will he be eligible for applying citizenship when he returns or he will have to wait again 5 yrs to apply for citizenship?

Thank you
Lake65

Unless you have an approved N-470, a 14-month absence always breaks your continuous residency and resets the continuous residency clock for naturalization purposes. In this case you would become eligible to file N-400 4 years and one day after the return from that 14-month trip.

Is this a hypothetical question about a future trip? Or about something that happened already?

If this is for a future trip, and if you'll be working abroad for a U.S. company or organization, you may be eligible for N-470.
 
Unless you have an approved N-470, a 14-month absence always breaks your continuous residency and resets the continuous residency clock for naturalization purposes. In this case you would become eligible to file N-400 4 years and one day after the return from that 14-month trip.

Is this a hypothetical question about a future trip? Or about something that happened already?

If this is for a future trip, and if you'll be working abroad for a U.S. company or organization, you may be eligible for N-470.

Thank you all for replies. This is for a future trip not working for any company just for visiting and spending some time with family. If the person goes for less than one year than he/she does not break the continues residency rule?
 
If your trip is over 6 months but less than a year, you are presumed to break continuous residence but you can overcome that presumption with sufficient evidence of ties to the US. If the trip is a year or more, you automatically break continuous residence and you can't present any evidence to overcome that (other than an approved N-470, or an acceptable exception such as military service).
 
If your trip is over 6 months but less than a year, you are presumed to break continuous residence but you can overcome that presumption with sufficient evidence of ties to the US. If the trip is a year or more, you automatically break continuous residence and you can't present any evidence to overcome that (other than an approved N-470, or an acceptable exception such as military service).

Thank you.
 
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