Naturalization- Total time Outside USA

[surd]

Naturalization- Total time Outside USA

Hi All.

I am currently filling my N400 form for citizenship via Naturalization and need your advise on question 7- Total time Outside USA

 

My case: I got my green card in 2010'March. So as per the 5 year rule I am currently eligible to apply for Citizenship.

 

During these 5 years the mention below is the time I spend in USA.

 

*2010- 1 month(30 days) March'10 to April'10 - I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

 

*2011- 1 month(30 days) March'11 to April'11 -I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

 

*2012'March to 2015(current)- 36 months . I have not traveled outside USA.

 

Do you think I am eligible and my application will not be rejected as i had spent on a month in USA in 2010 & 2011? Also can you please tell me what is % or number of days one needs to spend in USA?

[pontevecchio]

M-476-GUIDE TO NATURALIZATION.

 

Discuss your specifics with the firm of Murthy or any of your choice. You may need to complete the necessary requirements starting2012 March. You need a Lawyer.

[JoeF]

You need to have to have been physically present in the US for at least half of the 5 years, you have to be continuously residing in the US, and you have to be residing in the state or district where you are applying for the last 3 months.

[surd]

You need to have to have been physically present in the US for at least half of the 5 years, you have to be continuously residing in the US, and you have to be residing in the state or district where you are applying for the last 3 months.

 

 

Hi,

 

I have been physically present in USA full time from March 2012 to current....that is almost 3 years ,.Also been residing in US state from where I am planning to apply for over 3 months.

 

So, do you think it my 5 years will start from 2012 to 2017 and NOT from 2010?

[Attorney_6]

The issue is the time outside of the U.S. in excess of six months. When there has been a departure in excess of six months, but less than a year, there is a presumption of a break in the continuity of residence. This is a rebuttable presumption, but there must be a very good explanation and clearly maintained residence in the U.S. during the time in question.

 

If a person files the naturalization case with a history that includes departures in excess of six months, they will get a denial if they can't overcome the break in continuity of residence presumption. However, this does not mean that they could not just file later, once more time elapses and the departure period is no longer part of the five year "look back." So, in some situations, it is worth trying. Otherwise, it is necessary to wait until more time elapses.

[pontevecchio]

Basically if you apply now they may deny it and you lose your application fee. That should not affect your GC. Since you have 2 periods of stay more than 6 months out of the country I would start the clock from 2012 and then apply once you qualify. If there are compelling reasons why you want to apply now then have a Lawyer go over your specifics and file knowing that you may not be approved.