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Attorney_22

Why Are You Waiting to Naturalize???

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This week, Murthy Law Firm attorneys will answer questions regarding naturalization and U.S. citizenship.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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I understand that for Naturalization there are 2 main requirements:

1- 5 years continuous presence

2- Out of the 5 years, 2.5 years physical residence in US must be maintained

In #1, what does continuous presence mean? I got my LPR in March 2016 and took a 4 month sabbatical and returned to the US. Will this make me ineligible to apply for Naturalization in March 2021?

In #2, what does physical residence in the US for 2.5 years mean? Will I become ineligible in March 2021 if I go on a 3 or 4 week vacation in the last 2.5 years of the 5 years?

Thanks!

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On 1/18/2018 at 9:42 PM, loyaltrojan said:

I understand that for Naturalization there are 2 main requirements:

1- 5 years continuous presence

2- Out of the 5 years, 2.5 years physical residence in US must be maintained

In #1, what does continuous presence mean? I got my LPR in March 2016 and took a 4 month sabbatical and returned to the US. Will this make me ineligible to apply for Naturalization in March 2021?

In #2, what does physical residence in the US for 2.5 years mean? Will I become ineligible in March 2021 if I go on a 3 or 4 week vacation in the last 2.5 years of the 5 years?

Thanks!

The first requirement you are referring to is that you must have been a legal permanent resident for five years, not that you have continuous presence. The second requirement you are referring to does require you to be physically present in the U.S. for half of the required time as a legal permanent resident. Therefore, if your only departure from the U.S. during this period is three to four weeks per year, you should not have any issues meeting the two described requirements.  

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