Question about 3 month residency in district

M

Monday

New Member
I received my green card in 1995 and had lived in the same address in San Jose, CA ever since then until July 29th, 2005. I moved to Taiwan for work from July 29th, 2005, came back to the States on January 19th, 2006 and lived in the same US address for about one month. Then, I went back to Taiwan again on February 15th 2006. I just came back on July 2nd, 2006 and will stay in the same US address for one year. None of my outside the country trips has been more than 6 months. Can I apply for citizenship in July, 2006 in San Jose district? Or do I have to wait until 3 months later to meet the 3 months residency in the district requirement?
The address in San Jose where I live is a house I own, and I have always claimed it as my permanent residence. So, my question is whether during the time I worked in Taiwan has terminated my 3 month residency in San Jose district.
Your answer is much appreciated.
 
Re: 3 month residency in district

Thank you, CRS, for your response. Can you please clarify why the answer is "yes"? How does USCIS determine if a person has fulfilled the 3 months residency? In my case, I worked in Taiwan from February 15th, 2006 to July 1st, 2006. When I come back to the States and apply for my citizenship in mid July, will USCIS argue that I did not live in the past three month in the district where I apply for my citizenship? I figure I should know how they determine the residency requirement in case the officer brings this issue up in the interview.
Look forward to any helpful response.
 
Based on your description I dont think you need to worry.

The law says resided in the district or state (as opposed to physically present). This means as long as you can prove your residency (via assets, bank accounts, receive mail etc) in the district/state and didn't break the 6 month rule, temporary trips abroad shouldn't cause you any issues. You own a house in San Jose, CA and receive mail there, probably have bank/credit-card accounts etc. Your San Jose address is your permanent address and you are a CA resident for all intents and purposes. Go ahead and apply. I was in a similar situation and my application was approved.
 
Monday said:
Thank you, CRS, for your response. Can you please clarify why the answer is "yes"?
Click to expand...

As ca_applicant has already pointed out, residence is not to be equated to physical presence. You reside in San Jose, CA and have done so not just for the last three months but for the last eleven years. That you have made trips to Taiwan is irrelevant as long as these trips do not prevent you from satisfying the other requirements (physical presence, continuous residence, etc.)
 
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