Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
- has been lawfully admitted for permanent residence (see preceding section);
- has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
- has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
- has resided within a state or district for at least three months
My citizenship interview is coming up soon and I am very very confused…. I am afraid if the officer will question my stay outside (Was out of US for 11 months) and deny my application.
I have read all the threads on this matter and also have participated in the discussion few times.
The response I am getting from people is quite conflicting.
Here is my situation:
I came here in May 97 (family sponsorship). That time I was doing my Masters in India. When I came here I had completed only 1 year of my college. I went to few schools to get the transfer credits and no one agreed to give me any transfer credits. I went back to India in July end to complete my studies.
I came here in June 98 after completing my Masters.
I started working right after coming here and since then I have gone to India only for a max of 3 weeks in 99 summer, 3 weeks in 99 winter and then 3 weeks in 2000 summer for vacations.
I had my family living here when I went back to India to complete my education. I took the reentry permit assuming that my course may get delayed and I might have to stay there for more than a year.
But that did not happen so I came back before 1 year.
I met few lawyers and they told me that out of 60 months I have to stay continuously in US for 30 months before applying.
Therefore, I applied last May i.e. 4 years and 11 months after receiving the GC.
Actually I have entered this question on different threads and have got very good response from some senior members.
I appreciate if anyone can throw some light on this matter.
Thanks in advance………
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
- has been lawfully admitted for permanent residence (see preceding section);
- has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
- has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
- has resided within a state or district for at least three months
My citizenship interview is coming up soon and I am very very confused…. I am afraid if the officer will question my stay outside (Was out of US for 11 months) and deny my application.
I have read all the threads on this matter and also have participated in the discussion few times.
The response I am getting from people is quite conflicting.
Here is my situation:
I came here in May 97 (family sponsorship). That time I was doing my Masters in India. When I came here I had completed only 1 year of my college. I went to few schools to get the transfer credits and no one agreed to give me any transfer credits. I went back to India in July end to complete my studies.
I came here in June 98 after completing my Masters.
I started working right after coming here and since then I have gone to India only for a max of 3 weeks in 99 summer, 3 weeks in 99 winter and then 3 weeks in 2000 summer for vacations.
I had my family living here when I went back to India to complete my education. I took the reentry permit assuming that my course may get delayed and I might have to stay there for more than a year.
But that did not happen so I came back before 1 year.
I met few lawyers and they told me that out of 60 months I have to stay continuously in US for 30 months before applying.
Therefore, I applied last May i.e. 4 years and 11 months after receiving the GC.
Actually I have entered this question on different threads and have got very good response from some senior members.
I appreciate if anyone can throw some light on this matter.
Thanks in advance………