I'm in a bit of a quandary...

arretedapeller

New Member
I am about to apply for citizenship, and I am really uncertain about whether I am even eligible or not.

Background
I have been a green card holder since 2004. I was 14 when I acquired my GC (through my mother who emigrated here as a nurse from the Philippines). I have lived in the same city until 2009. I graduated from high school in 2008, and attended an US university (in the same city) from 2008-2009.

However, I was a bit unsatisfied with the education I was receiving, and I wanted to transfer really badly. I have looked at transferring to another American university, but most of them gave high preference to students who have earned enough credits to be considered a Junior. Now, I have always wanted to go across the Atlantic, so I looked at UK universities. I found that their requirements were more in line with what I had (one year's worth of university credits = liberal arts, and they also honored AP credits). Furthermore, my transcript would've started from scratch, which was great for me since I lost footing in a couple of classes which resulted in some dismal grades.

I left for the UK in September 2009. I was careful to try to come back every 6 months. I know I should've applied for citizenship before leaving, but there simply wasn't enough time. I had about 3 months between the date I would've been eligible to apply, and the date that I was leaving for the UK. I was due to come home in December, but finances were a bit short and I couldn't afford the plane ticket, so I was out 9 months when I finally returned in June. The CBP officer was kind enough to hear me out, and let me back in, as well as gave me pointers on what applications to file if I wanted to stay out for more than a year. Since then, I have been careful to come back every 6 months (winter for a few weeks, then 3 months every summer), and have had no problem since. I have also recently graduated, and am looking at PhD programs in the US.

Now, I am filling out the application form. I know most GC holders file for naturalization as soon as they are eligible, but obviously I was not able to do so. The application asks for where I've been and what I had done in the past 5 years. Technically, I have been out for more than 30 months since 2007, but I have maintained a bank account and a driver's license etc. I was listed as a dependent on my parents' last tax return. I have also done some volunteer work last summer when I was here. I've always listed my residency as US

Onto my question. Since I wasn't completely here for the last 5 years, am I actually even eligible to apply?
 
Now, I am filling out the application form. I know most GC holders file for naturalization as soon as they are eligible, but obviously I was not able to do so. The application asks for where I've been and what I had done in the past 5 years. Technically, I have been out for more than 30 months since 2007, but I have maintained a bank account and a driver's license etc. I was listed as a dependent on my parents' last tax return.

Physical presence and continuous residence are two distinct requirements, but you appear to be mixing them up.

The first one which requires a total of at least 30 months presence in the US (913 days to be exact) in the past 5 years is a plain mathematical calculation; just count up the days without regard for any ties to the US like bank account, your parents, your tax returns etc.

Continuous residence is the requirement that makes you have to show evidence of your ties to the US for absences of over 6 consecutive months (and the interviewer may request similar evidence for shorter absences).

By your own admission you don't meet the physical presence requirement, so even if you can gather sufficient evidence for continuous residence you still won't be approved. You'll have to look at your travel history and project how much longer you have to stay in the US to reach the 913 day total.

Note that it's not as simple as waiting (for example) 50 more days if you're 50 days short of the requirement. If the bulk of your absences were in the last 3 years (which seems to be the case with you), you could find yourself waiting over 2 years to accumulate that extra 50 days.
 
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