Legal Contineous stay for eligibilty f US citizenshi

[TPK]

Hello

Is there information pertaining to the definition of contineous stay in US for citizenship eligibilty at the BCIS website. if yes, can anybody provide a link.

There seems to be all kinds of conflicting information regarding this. I am on an overseas assignment for the past 4 months. I dediced to use the weekends to tour Europe. I am still paid by my employer in the US. I still have my apartment. If I stay for more than 6 months outside US do I have to wait for 5 years from the date I get back to the US to be eligible for citizenship ?


Any help greatly appreciated

Regards

TPK

 

[pbb123]

JoeF,

Request for clarification:

- 3 months residence in the district you are applying.
You can apply up to 90 days before fulfilling the 5 years of continuous residence.

Do these 3 months have to be immediately before filing the citizenship application? In other words, if the applicant was a resident of the district during the first 3 of the 5 years, then was travelling in and out, can he apply at 5 years minus 90 days? Or does he have to accumulate 3 months residence again - immediately before filing?

If you stay abroad for over 1 year, there is a special rule that you can apply 4 years + 1 day after return. Essentially, the last 364 days abroad count as part of the 5 years continuous residence. "

I guess this is only if the N 470 was not filed? An applicant who has a N470 at 3 years after the green card can have an absence of more than 1 year (say 1.5 years from the 3 year point - until 4 years 6 months), and file the citizenship application 3 months after his return?

Thanks.

 

[Naaz2004]

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Dear Joef,

What you are advising above now is contradicting what you wrote to me some time ago. This is what you said before:

Living in the state or district immediately before filing.
The requirement is actually that you reside in the state or district in the 3 months before filing. That does not mean that you physically have to be there all the time. Your home has to be there. You can of course go on vacation or a business trip, etc.

But now u r saying that u need to accumulate 3 months again before filling... Could you please clarify what is the deifference between these statements u have made? Thanks

Naaz

 

[Naaz2004]

And how is this contradicting?
You need to reside in the state or district in the 3 months before filing, in other words, in the 3 months right before you file.
I don't see anything contradictory here... just a different wording which means the same.

This is contradicting... here u say that he can not apply if he was in and out of that state prior to filing even though he did reside there in the past 5 years. So if he did reside all past 5 years in the same state then why he needs to accumulate another 3 months prior to filing based on what you said earlier that u may be travelling or could be on a vacation and need not be physically present in your state just prior to filing. This is what he asked and your answers.

Quote:
In other words, if the applicant was a resident of the district during the first 3 of the 5 years, then was travelling in and out, can he apply at 5 years minus 90 days?

No.

Quote:
Or does he have to accumulate 3 months residence again - immediately before filing?

Yes.

 

[Rahul Kumar]

"Travelling in and out" -- > of Where ? The state or the country ? That makes a difference.

 

[dtothec]

Right. What JoeF is saying is that as long as your residence is at the state of filing 3 months prior to your filing. You can travel in and out temporarily but so long as you can verify that your home is at the state (whether through rent stubs, official letters addressed to you at that address etc.).

But more importantly, if you travel temporarily for over 6 months, it's going to be a rebuttable assumption that you abandoned your residence. You will need to make an EFFORT to "rebut" that - whether through rent stubs, tax transcripts, letters from your employer that it was of temporary nature, reentry permit. If you travel temporarily for over 1 year, that's it i.e. you have no chance.

However, if you are involved with the U.S. military or U.S. governmental work related assignments, I believe that the above does not apply given that they treat as if you are on U.S. grounds.

 

[Naaz2004]

Huh? Where did I say that? Please read what I said,, word for word...
Residing in a place does not and has never meant that the person has to physically be in the place.
I reside in CA, even though I am currently on vacation abroad. In other words, using the phrase of the law, my "place of general abode", or the place where my home is, where I live, is in California.
That's all that means.
If you are not residing in the district for the 3 months before applying, for example, you just moved to another state, then you need to wait for 3 months. If you temporarily reside abroad, for example, for a temporary assignment, you obviously do not reside in whatever city in the US where you want to apply. So, you have to have your "place of general abode" in the district again for 3 months before you can apply.
Again, nothing contradictory, apparently just a misunderstanding of what "residing" in a place means.

Thanks Joef, I understand what you mean now. So I can safely travel to India and be there for a month of vacation and then come back and apply for my US citizenship right away without any fear of this 3 months.
I really had thought I need to be here 3 months before applying and hence my trip could not happen. I did not want to take any risk and I think I am safe now to go as few people including you told me that it is ok. Thanks again!