Time away from USA

[matrix66 0]

Hi guys and gals,

I was trying to look for answer to my question in FAQ but couldn't find it, that's why I am posting this question in this new thread. My mom had to leave USA for more than 6 months. She was eligible to apply for naturalization before leaving but, due to some urgency she had to leave and has to be away in the excess of 6 months. I need to know that, when she comes back would she have to be in the USA for another 5 years straight to be eligible to apply for citizenship? Now in this case, does USCIS takes off the entire 5 years that she lived here in USA or they would only take off the no. of days (those 6+ months time only) that she was away from the USA. Any feedback would be greatly appreciated. Thanks.

[chitown 0]

Hi guys and gals,

I was trying to look for answer to my question in FAQ but couldn't find it, that's why I am posting this question in this new thread. My mom had to leave USA for more than 6 months. She was eligible to apply for naturalization before leaving but, due to some urgency she had to leave and has to be away in the excess of 6 months. I need to know that, when she comes back would she have to be in the USA for another 5 years straight to be eligible to apply for citizenship? Now in this case, does USCIS takes off the entire 5 years that she lived here in USA or they would only take off the no. of days (those 6+ months time only) that she was away from the USA. Any feedback would be greatly appreciated. Thanks.

matrix66,

I am assuming your mother has already been a PR (greencard holder) for 5 years and has been living/residing in US for 5 years as we are speaking now. So as long as your mom follows USCIS rules, USCIS will not take the past 5 years OFF from her current US residency. This means her past 5 years of maintaining US residency is NOT disrupted so don't worry.

Now for the upcoming long trips (greater than 6months), let me ask you first:

A: What are the chance your mom has to be staying out of US greater than 6months BUT still within 1 year?

or

B: What are the chance your mom has to be out of US MORE than 1 year BUT still Less than 2 years?

If your answer is

A: then it should be fine. Providing she maintains ties to US such as proof that your mom has mortgage or house or assets or bills (utility, credit card, etc.) in United States.

OR

B: then your mom need to file N470. This is to preserve your mom's residence and intended to prove that she is NOT abandoning her greencard in US. After your mom got N470, then she can travel. Otherwise, she would be considered as abandoning her GC and will be denied in her Citizenship application (N400).

Hope it helps

Edited July 7, 2008 by chitown