Long Term LPR N-400 filing

D

Dracov

Registered Users (C)
Hey All,

Got a slightly involved query about filling N-400.

I've been an LPR for just over ten years, and married to a US citizen the entire time. But I have spent most of that time outside the US.
The first 18-20 months of my LPR I lived in the US, and then the next two years I was primarily in Scotland, but making sure I was in the US every 5-6 months or so.

I actually applied for citizenship after three years of LPR, but retracted the application on the advice of the examining USCIS officer, who said the application would be denied based on the obvious fact I was living in Scotland, but returning every 6 months. He advised I withdraw (easier than getting denied and reapplying), get a re-entry permit and reapply after coming back.

Not long after I moved back to Australia, where I'm from, and after having been granted two re-entry permits to remain there, moved back here to the US in February of this year.

My Green Card is due to expire in Feb 2017, and I am wondering whether I can forgo renewing and submit N-400 application.

What is the time frame for applying for citizenship in this instance. I have been an LPR for a lot longer than the three years required for being married to a US citizen. But originally I was required to be physically present for 18 months of the three years before applying.

Does that apply here? Do I need to be physically present for 18 months before I can file N-400, or are there other factors to consider?

Any advice much appreciated.

Thanks.
 
Last trip of more than 6 months ended in February this year. Was from May 2015 to Feb 2016.
 
The main issue is the continuous residence requirement. When you say 5 years or 3 years, that is the continuous residence requirement. To qualify under the 5 year rule, you need to have continuous residence for the last 5 years. To qualify under the 3-year rule, you need to have continuous residence for the last 3 years, and have been married to a US citizen for the last 3 years.

A trip abroad of more than 6 months usually interrupts continuous residence, which means you have to start over counting from 0 again. For trips of between 6 months and 1 year, it is possible to overcome the presumption of interrupting continuous residence, with strong evidence of maintaining ties to the US during that time. I am not sure if you will be able to do that in this case. If your continuous residence was indeed interrupted, you might have to wait until 3 years minus 90 days (because you can file 90 days before meeting the continuous residence requirement) or 2 years plus 1 day (under the 4 year + 1 day / 2 year + 1 day rule after interruptions of continuous residence; but there is some ambiguity about whether that rule only applies to absences of more than 1 year, or can also apply to absences of between 6 months and 1 year).
 
You must log in or register to reply here.
Top