When can I apply for citizenship

Q

QueenEmpress

Registered Users (C)
These are my dates outside of the USA, from my calculations I think I can apply 90 days before 24th October 2012, if I do not make any more trips outside the USA. I appreciate you guys looking at my dates and telling me if I am wrong.

Green Card since 6th Jan 2007
Left USA 21st January 2007 – 4th August
Left USA 12TH August 2007- 28th Feb 2008
Left USA 2ND March 2008 - 16th June 2008
Left USA 23RD June 2008- 13th Sept 2008
Left USA 25th Sept 2008- 30th Jan 2009
Left USA 3rd Feb 2009- 9th Sept 2009
Left USA 14th Set 2009- 21st Dec 2009
Left USA 23rd Dec 2009- 26th Dec 2009
Left USA 5th Jan 2010- 24th April 2010
Left USA 2nd June 2010- 9th June 2010
Left USA 8th March 2011- 28th March 2010


Thanks Much
 
Are you filing based on 3 year rule, or 5 year rule?
Please explain how you calculated October 24, 2012 minus 90 days.
I need to feed your dates in a spreadsheet, but it looks like you have too much travel to be able to apply in 2010, assuming you are filing under the 5 year rule.
Will revert back.
 
QueenEmpress said:
Green Card since 6th Jan 2007
Left USA 21st January 2007 – 4th August
Left USA 12TH August 2007- 28th Feb 2008
Left USA 2ND March 2008 - 16th June 2008
Left USA 23RD June 2008- 13th Sept 2008
Left USA 25th Sept 2008- 30th Jan 2009
Left USA 3rd Feb 2009- 9th Sept 2009
Left USA 14th Set 2009- 21st Dec 2009
Left USA 23rd Dec 2009- 26th Dec 2009
Left USA 5th Jan 2010- 24th April 2010
Left USA 2nd June 2010- 9th June 2010
Left USA 8th March 2011- 28th March 2010
Click to expand...

I think your last line has a typo. It must be Left USA March 8, 2011, Returned March 28, 2011. [ The year is wrong. ]
From what I see, you did not live in US until June 2010, you were just making trips to cut off any 6 month rule. The longest you stayed in US was 12 days.
You should be able to apply 5 (or 3) year rule after June 9, 2010 minus the 90 days early filing.
Please read up the guide to naturalization. It describes your physical presence and continuous residence requirements very well.
 
You aren't allowed a 90-day headstart with physical presence. So the earliest you can apply is October 2012 when you meet the physical presence requirement, not 90 days before Oct. 2012. The 90 day headstart only applies to continuous residence.

Applying in Oct. 2012 still leaves you almost surely to be denied for breaking continuous residence, unless you have an N-470 or were in the military. Looking back 5 years from Oct. 2012 leaves you with 2 trips of over 6 months each, and those two trips were part of a long back-to-back series of trips lasting until mid 2010. You can apply in late 2012 and see what happens, but if you're applying with the 5-year rule I don't think your chances of approval are good unless you apply in 2014 or later.
 
Last edited by a moderator:
Jack, please check the dates. Maybe I entered something wrong, but according to my spreadsheet, he/she has stayed in US for a grand total of 362 days until the end of last trip (March 2010).
[Add] There is almost 18 months of physical presence to be added before it meets the minimum, and as time passes, some of the old presence (not much though) will roll off and will need to be added on.

And stayed only 90 days in US from 2007 through June 2010. There is no formula which uses the first 3 years ... but this almost certainly breaks the continuous residence. In fact, I would even question whether the residency started since OP left US within 2 weeks of getting the GC, and then returned for 8, 3, 7, 12, 4, 5, 2 and 10 days. I thought I entered the dates wrong as it seems so one sided absence.
 
Yes last line is a typo, it's suppose to be March 2011. I am applying based on 5 year rule.
I calculated October 24th based on coming back to the USA in April 2010 and remaining in the USA for 30months continously.
I do appreciate the replies
 
sanjoseaug20 said:
Jack, please check the dates. Maybe I entered something wrong, but according to my spreadsheet, he/she has stayed in US for a grand total of 362 days until the end of last trip (March 2010).
Click to expand...

I checked the dates. If no more trips are taken, the physical presence requirement will be satisfied somewhere in Oct. 2012. Remember the last nontrivial trip ended in April 2010. 30 months after that is Oct. 2012. Add and subtract for the short stays between back-to-back trips, and the short trips in June 2010 and March 2011, and the 30 months of presence still lands in Oct. 2012.

Of course, it's better to apply in Nov. 2012 to avoid the borderline calculation issues like what that other poster experienced. And this poster still has huge problems with continuous residence even after physical presence is satisfied.
 
I am sure I made a trip between Feb 09 and Sept 09, i am looking for it in my passport but there are so many stamps
 
Queen,

What's the rush to apply for naturalization? Are you sure it is something you actually want? You don't appear to have really put down roots in the U.S. so, is it in your best interest at this point? Will naturalization mean losing prior citizenship? Would that deprive you of a right back in your birth country which you have not taken into account?
 
@ BigJoe5, my current citizenship will be in jeopardy, I have a husband now with a child on the way and the plan is to live here permanently, the sooner the better
 
QueenEmpress said:
@ BigJoe5, my current citizenship will be in jeopardy, I have a husband now with a child on the way and the plan is to live here permanently, the sooner the better
Click to expand...

Where is "here"? The US, or the other country that you've lived in for about 3 of the past 4 years?
 
Forgive me I was in a rush to post. My citizenship will NOT be in jeopardy if I naturalize in the USA.
Yes we plan to settle here in the USA
 
Alright, so Nov 2012 is the consensus in terms of physical presence. However, your continuous presence is still risky and the best time will be 4 years + 1 day after your last big trip.
 
Queen,

Please read 8 CFR 316.5(c)(1) both parts (i) and (ii) thoroughly. The remedy described in (ii) applies to either break described in (i) or (ii). It is unlikely that you can overcome the preseumption of as break for th last long trip over 6 months (and any one year break cannot be overcome).

Are you married to a USC? If yes, the remedy applies as long as the marriage has lasted a FULL 3 years on the N-400 filing date.
 
No i am not married to a USC, i got my green card through the DV lottery and i just wasnt ready to move yet. (i know, i know)..... I am going to apply in november/ december 2012 and give it a go, just a quick question and I know that noone will have a definitive answer but when the officer asks about my absence the only answer i have is that i wasn't ready to move, how will that go down?
 
QueenEmpress said:
No i am not married to a USC, i got my green card through the DV lottery and i just wasnt ready to move yet. (i know, i know)..... I am going to apply in november/ december 2012 and give it a go, just a quick question and I know that noone will have a definitive answer but when the officer asks about my absence the only answer i have is that i wasn't ready to move, how will that go down?
Click to expand...

If you "weren't ready to move", that solidifies the observation that you weren't residing in the US.

Your odds of approval before 2014 are less than 0.1%.
 
And it is not only "not ready to move", it is very hard to show many other reasons and ask to be excused. Many people have a break in the middle, but your breaks are completely one sided and give the impression that you visited to set the clock ticking, and no more. You might have been better filing for a re-entry permit and saving the pain of all the trips.
 
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