Question about 3 months residence requirement

[citizen2006]

Hi

I am eligible to file for citizenship in Sep'05. I have been living in Boston area for past 9 years continuously. I got my green card in Boston etc I am planning to go to India for 2 months i.e. July and Aug'05. When I come back from India and apply for citizenship in Sep'05 , am I still under compliance of 3 months rule for living in a district prior to applying to citizenship ?

Please help.

Citizen2006

 

[wafr]

Hi

I am eligible to file for citizenship in Sep'05. I have been living in Boston area for past 9 years continuously. I got my green card in Boston etc I am planning to go to India for 2 months i.e. July and Aug'05. When I come back from India and apply for citizenship in Sep'05 , am I still under compliance of 3 months rule for living in a district prior to applying to citizenship ?

Please help.

Citizen2006

Yes you are, assuming you apply in the district serving Boston of course. The 3 months continuous residence in district is not a physical presence requirement. Your trip of 2 months is less than 6 months in length - so your continuous residence would not be broken. I assume the facts of the trip are also of a temporary nature ie there would be no reason for INS to question whether you've abandoned your US residence. You must of course meet the physical presence requirements for naturalization (30 months out of 5 years if you're applying based on 5yr residence).

Disclaimer - I am not a lawyer. But I am pretty sure of my answer above.