US Citizenship (2 year gap)

[Ctascon]

Hello there. I've have had my GC since 2016. I stayed from 2016 to 2020 in the US. In 2020 I had my first daughter in the US. In 2020 I went to Spain until 2022 due the pandemic using a reentry permit. During that time I had my US bank account active and my wife kept her US work remotely. I legally entered again in 2022 until today. Can I apply to my citizenship?

 

[SusieQQQ]

Are you planning to apply using the 3-year rule (married to a US citizen) or the 5-year rule?

Re-entry permit protects your green card but it does not get around the physical presence and continuous residence requirements for naturalization.

 

[Ctascon]

Hello Susie. Thanks for answering. I would like to apply with the 5 year rule

 

[SusieQQQ]

Hello Susie. Thanks for answering. I would like to apply with the 5 year rule

You haven’t given your exact dates of absence but it seems to me you would currently not meet the continuous residence requirement and possibly not the physical presence requirements (and you need to meet both) to naturalize under the five year rule.


Continuous Residence
Applicants are required to show that they have:

• Resided continuously in the U.S. for five years before applying, (see legal basis), or
• Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens, (see legal basis)

“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.
Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis, see policy manual)
• Absences in excess of one year or more may disrupt an applicant’s continuous residence, (see legal basis, see policy manual)

Physical Presence
Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

Continuous Residence and Physical Presence Requirements for Naturalization | USCIS

Continuous Residence Applicants are

www.uscis.gov

 

[cafeconleche]

Continuous residence has been broken but you can likely use the 4 year 1 day rule: https://www.malakoutilaw.com/4-year-1-day-rule-for-u-s-naturalization

 

[SusieQQQ]

Continuous residence has been broken but you can likely use the 4 year 1 day rule: https://www.malakoutilaw.com/4-year-1-day-rule-for-u-s-naturalization

But still too soon if returned sometime in 2022.

 

[cafeconleche]

But still too soon if returned sometime in 2022.

Yes of course. I didn't mean to imply he could apply now. I just meant that he wouldn't have to wait the entire 5 years.

 

[sk_fl]

Were you out of US because of Pandemic ? There was travel ban at the time.