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?
US Citizenship (2 year gap)
- Thread starter Ctascon
- Start date
SusieQQQ
Well-Known Member
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)
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)
Continuous Residence and Physical Presence Requirements for Naturalization | USCIS
Continuous Residence Applicants are
www.uscis.gov
cafeconleche
Registered Users (C)
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
Well-Known Member
But still too soon if returned sometime in 2022.
cafeconleche
Registered Users (C)
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.
Daniel.Moore
New Member
Based on your timeline, you may qualify for U.S. citizenship, but you’ll need to ensure you meet the continuous residence and physical presence requirements. Since you obtained your Green Card in 2016 and resumed living in the U.S. in 2022 after a period abroad with a reentry permit, it’s crucial to establish that your time outside did not interrupt your continuous residence. Generally, absences of six months to a year may be scrutinized but can be explained, especially if you maintained ties like a U.S. bank account and your wife’s remote U.S.-based work. Since returning in 2022, if you’ve met the physical presence requirements of spending at least 30 months in the U.S. over the last five years, you might be eligible to apply. Consulting with an immigration attorney can clarify your eligibility and any documentation you’ll need to prove continuous residence.
Only if they have strong enough evidence to overcome the presumption of breaking continuous residence in the last year of their absence. If not, they have to wait until 4 years and 6 months after their return. See USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-2.
There was never any restriction on US permanent residents entering the US from anywhere during the pandemic.
SusieQQQ
Well-Known Member
No,but some people got trapped in other countries. That said, I don’t think anyone had closed airspace anywhere near long enough to explain the 2 year gap of the OP. (I do know a family who got trapped in another country, longer than 6 months but less than a year, it was accepted as reasonable excuse during their n400 interview.)