Naturalization & Residency

[davidson5566]

Hi,

I have a question regarding naturalization.

I currently hold a green card. December of this year I will be eligible to file for citizenship. (December is the month when I have obtained green card for 4 years and 9 months)

Currently, I have been continuously living in the U.S. for more than 2 1/2 years already. However before that, there were occasions when I was out of U.S. for more than half a year but less than a year to pursue my college degree. But while I was away, I had possession of a white passport.

Am I still eligible to file for citizenship at the end of 4 yrs and 9 mos?

This summer I plan to take a trip out of U.S. for about 3 weeks, will that have any negative effects if I decide to file for citizenships? If so, what should I do?

Thanks for all your inputs!

 

[takadigi]

Hi,

I have a question regarding naturalization.

I currently hold a green card. December of this year I will be eligible to file for citizenship. (December is the month when I have obtained green card for 4 years and 9 months)

Currently, I have been continuously living in the U.S. for more than 2 1/2 years already. However before that, there were occasions when I was out of U.S. for more than half a year but less than a year to pursue my college degree. But while I was away, I had possession of a white passport.

Am I still eligible to file for citizenship at the end of 4 yrs and 9 mos?

No, you are not. First of all, it is not 4 years and 9 months - it is actually 5 years - (minus) 90 days. But since you broke continuous residency rule, you will have to wait until 4 years and 1 days from day you have been here without 6+ months break (which is about 2 and half years by your own admission). So, you will have to wait for about another year and half.

 

[davidson5566]

I'm not too sure how does 6+ months break apply to the 5 years (2 1/2 yr actual residency) rule for naturalization. Can you explain more in detail to me? Thanks!

 

[1caliN400]

Whenever you leave the country for more than 6 months, you're no longer considered a continuous resident. When you are away for more than 6 months, you’re continuous residency has been broken.

A “white passport” doesn’t mean your continuous residency is preserved. It simply allows for you to re-enter the United States as a permanent resident. In order to file an N-400, you need 5 years of continuous residency (if you want to apply within 5 years of adjusting to permanent resident status).

If you break your continuous residency at any time (which you did by leaving for a period longer than 6 months), you become eligible to apply in 4 years and 1 day after you return. So, in this case, if you re-enter a permanent resident, the continuous residency requirement is 4 years and 1 day. In your case, you re-entered 2.5 years ago. So, you can apply in another year and a half.

 

[Huracan]

From the guide to naturalization:

I picked and chose particular paragraphs, the one mentioning that you can count the last 364 days is the one that means the 4 + 1 day rule. I am not that familiar with this, as I don't have long absences and have given little thought to this, look for yourself in the guide. It seems pretty clear that absences longer than 6 months break your continuous residence except for a few exceptions.

http://www.uscis.gov/files/article/M-476.pdf

"What if I was outside the United States
between 6 and 12 months?
If you leave
the United States for more than 6 months,
but less than 1 year, you have broken
or disrupted your continuous residence
unless you can prove otherwise."
"If you return within 2 years, some of your
time out of the country does count. In
fact, the last 364 days of your time out of
the country (1 year minus 1 day) counts
toward meeting your continuous residence
requirement."
"Continuous Residence
– An important requirement for
naturalization. Continuous
residence may be broken if you
take a single trip out of the country
that lasts for 6 months or more."

 

[davidson5566]

Thanks!!

The reason I was out of the U.S. was to finish my college degree, while my entire family was still in the U.S. Does this reason sound enough to preserve continuous residency?

 

[boatbod]

Thanks!!

The reason I was out of the U.S. was to finish my college degree, while my entire family was still in the U.S. Does this reason sound enough to preserve continuous residency?

Possibly, if you also remembered to file taxes and can furnish sufficient proof to the IO.