US Citizenship Eligibility: 4.75 years or 5 years & Leave of Absence

sr2006

New Member
Hi:

I have a question regarding the eligibility of applying for US citizenship.

* When will I become eligible for applying USA citizenship?
* Is it 4.75 years from the green-card approval date?
* If I stayed outside of USA for 5 months and 1 month separately, do I need to wait for another 5 months + 1 month to compensate my leave of absence from USA?

First entry into USA: Jan/21/1995 (on H-1B)
Green-card applied: Dec/14/1997
Green-card approved: Oct/24/2001

Absence from USA since Oct/2001:
(1) Dec/25/2001 through May/25/2002: 5 months
(2) Sep/05/2004 through Oct/05/2004: 1 month

When is my eligibility date for applying US citizenship?
4.75 years from Oct/24/2001, which is July/24/2006?
4.75 years + 5 months of absence + 1 month of absence, which is Jan/24/2007?

5.00 years from Oct/24/2001, which is Oct/24/2006?
5.00 years + 5 months of absence + 1 month of absence, which is Apr/24/2007?

I greatly appreciate your advice on this.

Thanks,
sr2006
 
Last edited by a moderator:
sr2006 said:
Hi:

I have a question regarding the eligibility of applying for US citizenship.

* When will I become eligible for applying USA citizenship?
* Is it 4.75 years from the green-card approval date?
* If I stayed outside of USA for 5 months and 1 month separately, do I need to wait for another 5 months + 1 month to compensate my leave of absence from USA?

First entry into USA: Jan/21/1995 (on H-1B)
Green-card applied: Dec/14/1997
Green-card approved: Oct/24/2001

Absence from USA since Oct/2001:
(1) Dec/25/2001 through May/25/2002: 5 months
(2) Sep/05/2004 through Oct/05/2004: 1 month

When is my eligibility date for applying US citizenship?
4.75 years from Oct/24/2001, which is July/24/2006?
4.75 years + 5 months of absence + 1 month of absence, which is Jan/24/2007?

5.00 years from Oct/24/2001, which is Oct/24/2006?
5.00 years + 5 months of absence + 1 month of absence, which is Apr/24/2007?

I greatly appreciate your advice on this.

Thanks,
sr2006

Oct/24/2006 minus 89 days.
 
Last edited by a moderator:
Thanks for your quick response, SenthilS.

Is there a web-site / link that I can go to educate myself on this subject (like, 5 years - 89 days)?

Also, if I want to apply for the citizenship, is it a simple task, or, do I need to hire an attorney to do the job?

How much would it cost to get an attorney to do the filing for my wife & I?

sr2006
 
sr2006 said:
Thanks for your quick response, SenthilS.

Is there a web-site / link that I can go to educate myself on this subject (like, 5 years - 89 days)?

Also, if I want to apply for the citizenship, is it a simple task, or, do I need to hire an attorney to do the job?

How much would it cost to get an attorney to do the filing for my wife & I?

sr2006
See page 22 of the "A Guide to Naturalization".

http://www.uscis.gov/graphics/services/natz/guide.htm

"If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen,
you may file for naturalization up to 90 days before you meet the “continuous residence” requirement. For example, if you are
applying based on 3 years of “continuous residence” as a Permanent Resident married to a U.S. citizen, you can apply any time
after you have been a Permanent resident in continuous residence for 3 years minus 90 days. You may send your application
before you have met the requirement for “continuous residence” only. Therefore, you must still have been married to and living
with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility
requirements when you file your application with USCIS."
 
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