I have a Greencard, Do I qualify for USA citizenship?

L

labrea

Registered Users (C)
Hi everyone.

I m so confused.
I won DV2005 lottery in 2004 and got the green card in 2005 April which was 5 years ago, I was studying in my country that`s why I could not move to the USA right away.. anyway

2005 - I was in the USA only 2 months
2006 - I was in the USA only 1 month
2007 - I was in the USA only 1 month
finally I was done with the school in 2008..

2008 February I moved to USA and since Feb 2008 I never leave, it`s been 26 months I`m in the USA. I have done with 2008 and 2009 tax returns and working since 26 months (still)

Question is I have.. I have some friends they keep telling me I already broke my continues residence and have to wait until 2013..
Last year I asked to a lawyer his respond was I will be qualify for citizenship 2010 August which I will be in the USA for 30 months.

Any ideas, suggestions?
 
Last edited by a moderator:
labrea said:
Question is I have.. I have few friends they keep telling me I already broke my continues residence and have to wait until 2013..
Last year I asked a lawyer his respond was I will be qualify for citizenship 2010 August which I will in the USA for 30 months.
Click to expand...
Both are right, both are wrong.

Continuous residence is largely subjective, so we can't predict how an interviewer will evaluate your absences in 2005-2007. If you apply in 2013 or later, the time abroad in 2007 and before will be out of the 5-year lookback window, so those absences won't matter.

But if you apply before 2013, it's up to the discretion of the officer to evaluate those pre-2008 absences along with the evidence of your ties to the US during that time. It's their judgment call, not ours. You'll only know if you apply and see what happens.
 
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