Concern about my Eligibility for citizenship.

[razorx 0]

Hello everyone,

Before i begin let me thank everyone in advance that will take the time to read this and attempt to answer my concerns. I really appreciate it.


So my situation is as follows;

I've had a green card since the 1980's , However due to family situations i haven't lived in the USA consecutively the entire time. I'm currently in the USA (legally admitted), and have been here now for 2 years and 10 months with no time spent outside of the us (except about 4 hours or so when i went to Niagara falls on the Canadian side)

Before those 2 years and 10 months, I never spent more than a year outside of the USA ( To be honest in at least one case , it was a few days less than a year), at least in the past 9 years (my memory is kind of fuzzy about prior to that) , however i have spent more than 6 months outside the usa ( i did my college in another country, my grandmother was ill and eventually passed away so i didn't want to leave her...etc)

During the last five years, i also worked for a year (and spent about a month of vacation during that year in the USA) at a recognized American institution of research but never filled out the N-470 because i didn't even know about it.), this was from jan 2008 to feb 2009

I have no criminal record, and the worst i have is a couple of tickets (one for an expired car tag, and one for a fender bender accident) , that i've paid off promptly.

Also i'm not sure if it's relevant, but I have spent far more than 5 years consecutively in the USA , just not prior to the current date (example, when i was in kindergarden and grade school, i pretty much spent over 7 consecutive years here, and before you ask, Why my family didn't apply back then, it's a long story and involves a custody issue and some underhanded tactics by my father)

Also i can prove the dates as far back as 2009 with my passport, however i renewed my passport in 2009 and I'm not entirely sure I still have my old passport (I will have to go back to my country of citizenship and look for it to confirm)

Now it seems I've at least fulfilled the physical presence requirements to apply for citizenship, But i'm not sure i understand if i'm eligible to apply based on the Continuous presence requirements.

So my question in a nutshell, is based on all that, should i apply now? Should i wait another 2 years? should i wait another year? If i apply and get denied will i get deported?


Thank you all again in advance.

Edited September 29, 2013 by razorx

[girimurthy 5]

It is very simple - Just work the eligibility worksheet which is in the same page as N-400 forms in uscis.gov.

Just answer the following questions. If it is false then just wait till it becomes true to file.

1) During the last five years, I have not

been out of the United States for 30

months or more.

2) During the last five years (or the last three

years if I qualify under Attachment A),

I have not taken a trip out of the

United States that lasted one year or more.

3) I have resided in the district or state in

which I am applying for citizenship for

the last three months.

And no you will not be deported. Either of this can happen - a) it will be rejected right after you applied and they will ask you file it later or b) it might go upto interview stage and gets rejected in which case you lose the money you paid for filing.

Either way just work the worksheet as there are lot more questions there. Good Luck

[razorx 0]

Thank you very much for your response. Well it seems I'm eligible based on the form, But how do i prove the 2008-2009 period without access to my old passport? I didn't work in the USA back then, and lived with my sister when i did, so i'm not on any lease.

[girimurthy 5]

You don't have to prove that you were in the country. They have all the records of when you left US and when you came back.

[razorx 0]

I thought if i was out for more than 6 months but less than a year, then the responsibility to prove it falls on me, or am i misunderstanding?