When can I apply for Naturalization?

Ridhima

Ridhima

New Member
Hello Rajiv Sir,

I got my GC through family sponsorship in 2011. But I started living in US from 2015. From 2015-2020, I tried to never be outside US for more than 6 months but I made trips to India every year. In 2020 when Covid happened I over stayed outside US for 6 months but less than a year. That disrupted my clock.
I re-entered US on 20 December, 2020. And restarted to get my physical stay and continuous stay.

My question is - when can I file for citizenship? (I have already accumulated more than 913 days up until March 2025)

I have read in USCIS website about the 4year 1 day rule and also 180 days prior naturalization can be filed. Which one is applicable for me?

I look forward to getting ur response.
Thank you
 
An absence of between 6 months and 1 year is presumed to break continuous residence, but this presumption can be overcome with strong evidence of ties during the absence. If you are able to overcome this presumption, then continuous residence was not broken, and you can file N-400 now as you have way more than 5 years of continuous residence already. If you are unable to overcome this presumption, then you have to wait until 4 years and 6 months after you returned from your absence (i.e. June 20, 2025) to file N-400. See USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-1 for more details.
 
Thank you so much for your response. But I still feel I fall under the category of 4 year and 1 day rule and became eligible to apply on 21st December 2024. But didn’t know about this rule until last week so trying to get more information
 
4 year and 1 day rule only applies to people who were absent for more than 1 year, who are able to overcome the presumption of interrupting continuous residence during the last year of their absence. People who are absent for more than 1 year who are unable to overcome the presumption have to wait 4 years and 6 months too (just like for people who are absent for between 6 months and 1 year who are unable to overcome the presumption). See USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-2.

Since you were absent between 6 months and 1 year, the 4 year and 1 day rule doesn't apply. If you were able to overcome the presumption, your continuous residence wouldn't have been interrupted at all.
 
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