when can i reapply- us citizenship application was rejected in 2010

[naina123]

Hi,

My citizenship application was rejected in 2010 as was misguided by lawyer on number of days I was within the country. THe message was that I did not meet the 30month period needed. based on what they calculated I was short by 3 months.

Now when is the best time to reapply for the US citizenship. Please note since 2010 I had to be out of the country most of the time but did visit twice every year. Now I plan on getting back to work there fulltime.

I am told once I get back, and 2 and half years from then I can reapply. Is that true. What are my chances of getting this?

Also, my GC expires in 2014. Does that have anything to do with my application.

 

[Jackolantern]

Please be more specific about your travel pattern since leaving in 2010 -- what are the approx. start and end dates of each trip? Are you still outside the US?

I addressed some of your concerns in your other thread:

Your lawyer isn't telling you the full story. The 2.5 year requirement is for physical presence, but there is also the continuous residence requirement. A single trip abroad of over 6 months, or a long series of multiple trips close together (even if each individual trip is under 6 months) could result in denial of citizenship for breaking continuous residence. After breaking continuous residence, you have to wait 4 years* and 1 day (after returning to the US at the end of the last long trip) to be eligible to apply for citizenship.

So spouse would not have issues applying for L1 even though his GC is being processed. I want to reconfirm that is what is being suggested.

That is correct. However, he may be unable to use the B1/B2 again.


*2 years and 1 day for people married to a US citizen, but that obviously doesn't apply in your case.