GC working overseas and time to apply for citizenship

A

adsouza

New Member
My background:
  • I am a permanent resident since Nov 2013.
  • I was working in Dubai since I got the GC (actually since 1989).
  • I traveled to NY every 4 months or so for a week slowly wrapping up things, getting ready to retire since 2013. I never broke continuous residence but my total days in the US during the year would come up to about a month.
  • In 2019 I came to NY for 45 days in May then went back at the end of June to finish up things and came back to NY in Aug. I have not left the USA since then.
  • I paid yearly taxes, have a NY driver's license, have bank accounts, and have a house (that I rent out) here.
Need some advice from all the knowledgeable people here regarding a few questions I have:

1. Will my continuous residency status or intent be questioned? I have reasons for why I didn't move immediately but how likely is it for my application to be rejected for this? In terms of physical presence, I intend to count from 2019 on (see next question) which would allow me to apply in 2022/2023. Would the officer question what I did in 2017, 2018 etc.?

2. If I count the 913 days of physical presence from Aug, I can apply in Feb 2023. Should I count from May (so that I can apply in 2022)? Or will this not be ok because I went back to work in another country in July.

3. Would you just advise me to wait until Aug 2024 to apply (counting from Aug 2019)?

Any insight would be appreciated.
 
Of course they can question and check if you potentially abandoned your residence in the past but it is unlikely to have an impact on your naturalization if you maintain residence and physical presence for 5 years preceding the application. To be on safer side, if I were you I would count from the time when you actually came back in 2019 so that things will go smooth. The requirements for naturalization are listed in 8 USC 1427 and they clearly refer to 5 or 3 years (for marriage based) immediately preceding the application. Refer to section a,b and c.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1427&num=0&edition=prelim

Also remember that “abandonment of residence” is more about the intent than the time. For example if some one has no job, family or dwelling or bank/financial interests in the US but keeps coming every 4 months for a couple of weeks can be charged with abandonment. However the charged has to be approved by an immigration judge.
 
Last edited:
You must log in or register to reply here.
Top