how long should I wait before I can apply for citizenship?

[mary99]

Hi All,

I've been LPR for almost 25 years. Never paid too much attention to immigration rules
until 3 years ago, I accepted a job overseas. I didn't realize I broke my continuous residence. So, I applied for naturalization two years ago but was told I need to return
to resume my residency again.
My quetion is:
My GC was obtained through marriage to USC. We divorced 12 years later in 1997.
I'm not remarried. Do I have to use 5 years residency or 3 years residency when
I return to U.S to apply. I'm a government retiree. By that, I'm receiving pension and filing for U.S taxes every year.
Any help would be appreciated?

mary99

 

[cafeconleche]

If you manage to re-enter the US (your LPR status may have been abandoned since you've been out for how many years?), you will have to follow the 5 year route. Give us more details of your circumstances/travels/etc.

 

[Jackolantern]

How long were you gone overseas? When was the end of your last long trip outside the US? Those facts will affect how long you have to wait to build sufficient continuous residence.

 

[BigJoe5]

Hi All,

I've been LPR for almost 25 years. Never paid too much attention to immigration rules
until 3 years ago, I accepted a job overseas. I didn't realize I broke my continuous residence. So, I applied for naturalization two years ago but was told I need to return
to resume my residency again.
My quetion is:
My GC was obtained through marriage to USC. We divorced 12 years later in 1997.
I'm not remarried. Do I have to use 5 years residency or 3 years residency when
I return to U.S to apply. I'm a government retiree. By that, I'm receiving pension and filing for U.S taxes every year.
Any help would be appreciated?

mary99

Were you a U.S. Government employee assigned abroad? Please elaborate.

 

[mary99]

1. I'm still overseas. I've a valid reentry permit. Say, if I return next year (2012) in March, when's earliest that I can apply?
Last time I was in U.S was March this year.
2. I actually left in 2008. But I returned to U.S a couple of times a year and stayed for one or two weeks. Does the long trip begin in 2008
or 2011? Does it make any difference or cause any problem if I return later this year say for a couple of weeks?
3. No, I'm not on assignment. I have a job with private sector. I wish I understood this continuous residence before I left.

Thank You.

 

[BigJoe5]

1. I'm still overseas. I've a valid reentry permit. Say, if I return next year (2012) in March, when's earliest that I can apply?
Last time I was in U.S was March this year.
2. I actually left in 2008. But I returned to U.S a couple of times a year and stayed for one or two weeks. Does the long trip begin in 2008
or 2011? Does it make any difference or cause any problem if I return later this year say for a couple of weeks?
3. No, I'm not on assignment. I have a job with private sector. I wish I understood this continuous residence before I left.

Thank You.

So, you are an LPR with a re-entry permit and are a "government retiree" (which government?). You indicate that you are working abroad on assignment. Who are you working for now? Is it a U.S. employer? Is it an International Organization? Are you abroad as a missionary or in some other "religious vocation/occupation"? Lastly, did you EVER have a solid year living inside the U.S. (without even a day trip across the border or a cruise out of U.S. waters) WHILE a greencard holder?

[Only a religious missionary/worker under INA 317 can make up the one year after returning from abroad but before filing an N-400.]

[Under INA 316(b) you must file an N-470 before being abroad in the employment for a whole year.]

The re-entry permit only protects the greencard but NOT your continuous residence for naturalization, an approved N-470 does.

You COULD have a possibility to have protection of your continuous residence status IF you qualify under INA 316(b) (or INA 317--less likely) and qualify for an N-470 filed pursuant to 8 CFR 316.5(d). You can get that form and look up the law and regulations at www.uscis.gov

 

[baikal3]

1. I'm still overseas. I've a valid reentry permit. Say, if I return next year (2012) in March, when's earliest that I can apply?
Last time I was in U.S was March this year.
2. I actually left in 2008. But I returned to U.S a couple of times a year and stayed for one or two weeks. Does the long trip begin in 2008
or 2011? Does it make any difference or cause any problem if I return later this year say for a couple of weeks?
3. No, I'm not on assignment. I have a job with private sector. I wish I understood this continuous residence before I left.

Thank You.

Assuming that you are not eligible to file N-470 under INA 316(b) [you should certainly check those out first, just in case] and assuming that you return to the U.S. in March 2012 after over a year from the last departure, the earliest you may be eligible to file N-400 would be 4 years and one day after that return to the U.S. in March 2012. That means being able to file N-400 in March 2016 at the earliest - but even that would be contingent on you actually maintaining continuous residency in the U.S. from March 2012 onwards, meaning (in particular) maintaining your primary residence in the U.S. and not taking any new extended trips abroad that would break your continuous residency.