US Citizenship Question

[sshah1001]

Hi freinds,

I got my Greencard in Aug 2004. Then, in Jul'2005, I went to India for about 10 months. Since, then, I am in US. I think one can apply after 4 year and 9 months from the date of Greencard stamping.

In my case, When shall I be eligible to apply for the US citizenship?

I am confused because some people say that since I stayed outside US for 10months, it will add 10 months to 4.9 years which means total 5 years 7 months.

But, some people say I have to count 4.9years all over again from the date I came back after staying for 10 months in India.

Please note that while I was in India, I had filed my US Incometax return.

Please help me clear my confusion.

Thanks in Advance.

 

[hannah2]

It depends on how you prove your loyalty as US resident such as back accounts and always used, paying your tax, etc. I think the 10 months will be counted.

 

[Jackolantern]

Because the trip was over 6 months but less than one year, there will be a presumption of breaking continuous residence, but it can be overcome with sufficient evidence to show your ties of residence during that time.

And be careful about the "4 years and 9 months." The rule is actually 5 years minus 90 days, which is not exactly the same thing. If you send in the application even 1 day too early they will reject it. Even if you send it in on the exact 90th day prior to the 5-year mark, they may mistakenly reject it and cause you to waste time. And when they reject it, it won't necessarily be immediately; it could be months later when they pick up your app to look at the details and realize it was sent too early, then they reject it and you have to resubmit and go to the back of the line. So aim for something like 5 years minus 85 or 86 days to be safe.