When will I be eligible to apply for citizenship

S

shaharpan

Registered Users (C)
Hello Immigration service,

Question: I have question about naturalization services [Citizenship].
When will I be eligible to apply for citizenship or when should I apply for
Citizenship

Here are the details

I have come to USA based on family dependent visa with my mother in the year DEC – 2001.


12/05/2001 [DEC – 2001] 12/30/2001 [DEC – 2001]

The Issued data on my green card is 5 – DEC -2001. I left the country because I was pursing my undergraduate degree

5/16/2002 [MAR –2002] 6/26/2002 [JUN –2002]

Before leaving USA I applied for re entry permit and the re entry got approved, with the issue date on re entry permit card as 10/10/2003 and date of expiry as10/10/2005.

5/25/2003 [MAR – 2003] 6/20/2003 [ JUN-2003]

This duration is when my re entry permit gets activated. Even when I had my re entry permit I came back to USA within 12 months.

6/10/2004 Till date.2/5/2007
I am planning to make a visit to India in FEB -2007 for 20 days.



The other question comes about continuity, where the INS website says that one of the requirements for citizenship is stay in USA for continuous period of 30 months; with no stay outside the USA longer than 6 months. Do I still satisfy this requirement?


------------------

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months


--------------------

I think i satisfy this

physically present in the United States for at least 30 months

and also i satisfy

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

because, i did not take any trips more than 1 year.

Please let me know. Thanks
 
What not clear to me is whether you took trips longer than 6 months but shorter than 1 year. If the answer is "yes", you will need to be prepared to provide proof you did not interrupt your residency. Simply having a re-entry permit is not generally sufficient - you will need to provide tax transcripts, proof of home ownership/rental, utility bills, auto insurance or other docs that demonstrated the temporary nature of your trip.

Note: USCIS places the burden of proof on the applicant. Put simply, they will deny you for interrupted residence unless you convince them otherwise.
 
boatbod said:
What not clear to me is whether you took trips longer than 6 months but shorter than 1 year. If the answer is "yes", you will need to be prepared to provide proof you did not interrupt your residency. Simply having a re-entry permit is not generally sufficient - you will need to provide tax transcripts, proof of home ownership/rental, utility bills, auto insurance or other docs that demonstrated the temporary nature of your trip.

Note: USCIS places the burden of proof on the applicant. Put simply, they will deny you for interrupted residence unless you convince them otherwise.
Click to expand...
As i have mentioned, I have taken two trips outside usa for more than 6 months and less than a year, for one of the trips i have the re entry permit.

5/16/2002 [MAR –2002] 6/26/2002 [JUN –2002] - out 11 months

I am confused with residency and continuity,

Please explain,
I think i have satisfied the continuity - 30 months.

The INS website says.

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
 
shaharpan said:
As i have mentioned, I have taken two trips outside usa for more than 6 months and less than a year, for one of the trips i have the re entry permit.

5/16/2002 [MAR –2002] 6/26/2002 [JUN –2002] - out 11 months

I am confused with residency and continuity,

Please explain,
I think i have satisfied the continuity - 30 months.

The INS website says.

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
Click to expand...
Also,

When i was here for the intial 2 years, i was dependent, i did not own anything, i wasnt studying, i did not have a bank account, i was actually staying with my cousin.

Please let me know, what other kind of proof can i provide.

Can i get a letter from my cousin saying i was residing at their location..

Please help...
 
shaharpan said:
As i have mentioned, I have taken two trips outside usa for more than 6 months and less than a year, for one of the trips i have the re entry permit.

5/16/2002 [MAR –2002] 6/26/2002 [JUN –2002] - out 11 months
Click to expand...

Sorry, the dates you list don't make sense to me. March thru June is 4 months. Do you perhaps mean May 2001 thru June 2002?

shaharpan said:
I am confused with residency and continuity,

Please explain,
I think i have satisfied the continuity - 30 months.

The INS website says.

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months
Click to expand...

You satisfy the 30 months out of 60 months criteria for TOTAL time out of the US, but what about "absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period"? Clearly your 11 month trip falls in this category, so you must proove to USCIS that you did not abandon residency. Holding a reentry permit is not considered sufficient proof.

Here is the relevant section of the adjudicators handbook. I think you'll find it quite illuminating.

(C) Absences of Between Six Months and One Year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under 8 CFR 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence unless the applicant can establish otherwise to the satisfaction of USCIS. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws.

If the applicant claims that he/she did not disrupt the continuity of residence you must ask additional questions about the absence and the nature of his/her claimed continuous residence in the United States. Some of the things that you should ask for are:

• Evidence that the applicant did not terminate his or her employment in the United States;

• Evidence that the applicant's immediate family remained in the United States;

• Evidence that the applicant retained full access to his or her United States abode; or

• Evidence that the applicant did not obtain employment while abroad. Also, this would normally include evidence of how he/she supported him/herself during the absence.

You should ask for other evidence if the items listed above do not cover the issue fully in a specific case.

If the applicant is unable to establish that he/she did not disrupt residence, he/she will be ineligible for naturalization. The applicant will be eligible to re-apply for naturalization, four years and one day (two years and one day if applying under section 319(a) of the Act) from the most recent date that he/she returned to the United States. See the letter from the Headquarters Office of Naturalization and Special Projects to Messr. Kiblan and Battles dated September 22, 1993, located in Appendix 74-13​

Hope this helps clarify things.
 
boatbod said:
Sorry, the dates you list don't make sense to me. March thru June is 4 months. Do you perhaps mean May 2001 thru June 2002?



You satisfy the 30 months out of 60 months criteria for TOTAL time out of the US, but what about "absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period"? Clearly your 11 month trip falls in this category, so you must proove to USCIS that you did not abandon residency. Holding a reentry permit is not considered sufficient proof.

Here is the relevant section of the adjudicators handbook. I think you'll find it quite illuminating.

(C) Absences of Between Six Months and One Year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under 8 CFR 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence unless the applicant can establish otherwise to the satisfaction of USCIS. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws.

If the applicant claims that he/she did not disrupt the continuity of residence you must ask additional questions about the absence and the nature of his/her claimed continuous residence in the United States. Some of the things that you should ask for are:

• Evidence that the applicant did not terminate his or her employment in the United States;

• Evidence that the applicant's immediate family remained in the United States;

• Evidence that the applicant retained full access to his or her United States abode; or

• Evidence that the applicant did not obtain employment while abroad. Also, this would normally include evidence of how he/she supported him/herself during the absence.

You should ask for other evidence if the items listed above do not cover the issue fully in a specific case.

If the applicant is unable to establish that he/she did not disrupt residence, he/she will be ineligible for naturalization. The applicant will be eligible to re-apply for naturalization, four years and one day (two years and one day if applying under section 319(a) of the Act) from the most recent date that he/she returned to the United States. See the letter from the Headquarters Office of Naturalization and Special Projects to Messr. Kiblan and Battles dated September 22, 1993, located in Appendix 74-13​

Hope this helps clarify things.
Click to expand...
So, could you please tell me , when can i apply for citizanship...
This december it will be 30 months stay for me without any absence...
 
shaharpan said:
Hello Immigration service,

Question: I have question about naturalization services [Citizenship].
When will I be eligible to apply for citizenship or when should I apply for
Citizenship

Here are the details

I have come to USA based on family dependent visa with my mother in the year DEC – 2001.


12/05/2001 [DEC – 2001] 12/30/2001 [DEC – 2001]

The Issued data on my green card is 5 – DEC -2001. I left the country because I was pursing my undergraduate degree

5/16/2002 [MAR –2002] 6/26/2002 [JUN –2002]

Before leaving USA I applied for re entry permit and the re entry got approved, with the issue date on re entry permit card as 10/10/2003 and date of expiry as10/10/2005.

5/25/2003 [MAR – 2003] 6/20/2003 [ JUN-2003]

This duration is when my re entry permit gets activated. Even when I had my re entry permit I came back to USA within 12 months.

6/10/2004 Till date.2/5/2007
I am planning to make a visit to India in FEB -2007 for 20 days.



The other question comes about continuity, where the INS website says that one of the requirements for citizenship is stay in USA for continuous period of 30 months; with no stay outside the USA longer than 6 months. Do I still satisfy this requirement?


------------------

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months


--------------------

I think i satisfy this

physically present in the United States for at least 30 months

and also i satisfy

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

because, i did not take any trips more than 1 year.

Please let me know. Thanks
Click to expand...




i am extremely sorry i could not understand a couple of things...

i am assuming that after all your trips of more than 6 months,you have been residing in america since 6/10/2004

if this is true then u will be eligible to apply for citizenship in 6/11/2008..

please try to give us the right dates as the dates u have given is very confusing...

thanks
 
Visited USA Left USA
(actual dates) (actual dates)


12/05/2001 12/30/2001
[DEC – 2001] [DEC – 2001]

5/16/2002 6/26/2002
[MAR –2002] [JUN –2002]

5/25/2003 6/20/2003
[MAR – 2003] [ JUN-2003]

6/10/2004 Till date.
2/5/2007

Please let me know, if this make sense, what i am trying to get is any of my initial visit for 2003 - 2004 get counted or not.

I know, the time from june - 10 - 2004 will be counted..

Thanks for all your replies....
 
yup 06/11/2008 bro...thts when u can apply
u cAn give it a shot by applying now...but most probably they are going to reject it...there are some cases which have been approved again it depends on luck....
 
Last edited by a moderator:
Thanks all for the replies, this gives me a good idea about where i stand.

One final questions.

Can i leave the country USA - after Jan 2007 for 20 days... is that gonna affect anything....
 
You must log in or register to reply here.
Top