Urgent help! Is my son eligible for applying the citizenship?

[Jeanlovesandy 0]

I married to a US citizen for 5 year, and my son got the green card through me.

He is 23 year old now, a college student. Without knowing the green card restriction, he studied in Sweden, as an exchange student, for one year ( straight for 12.5 months outside of the US) and came back last month.

My questions:

1. Is he eligible? If not, what shall we do now?

2. If so, what documents shall we prepare?

3. Does he need a separate N-400?

Thank you very much in advance.

Jean

[Harpa Timsah 13,258]

He does not have enough US presence right now to be eligible because he was gone for a year. I think since he was out a year his naturalization clock has to completely start over. You can read more on the N400 instructions.

[Jeanlovesandy 0]

Thank you very much for the reply. However, he has stayed in the US for three years in the past 5 fives, which meets the requirement. Jean

[Umka36 781]

Here is what Harpa is taking about:

2. Absence of One Year or More

An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application.^[12] See INA 316(b).

The naturalization application of a person who is subject to the continuous residence requirement must be denied for failure to meet the continuous residence requirements if the person has been continuously absent for a period of one year or more without qualifying for the exception benefits of INA 316(b). An applicant who is absent for one year or more to engage in qualifying employment abroad may be permitted to preserve his or her residence.^[13] See Section D, Preserving Residence for Naturalization (Form N-470).

3. Eligibility after Break in Residence

An applicant who is required to establish continuous residence for at least five years^[14] See INA 316(a). and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement^[15] See INA 319(a). may apply two years and one day after returning to the United States to resume permanent residence.^[16] See 8 CFR 316.5©(1)(ii).

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

[VanessaTony 3,567]

Thank you very much for the reply. However, he has stayed in the US for three years in the past 5 fives, which meets the requirement. Jean

Did he have a re-entry permit? If not he could be deemed to have abandoned his status.

Regardless, if your read the instructions you will see (as mentioned above) that any absences of 12 months or more RESETS the clock. He is at 0. No years. NONE.

He needs to wait 4 years and 1 day, minimum, before he's eligible.

[NickD 203]

One thing for sure, if he is 23 years old, he is on his own for applying for US citizenship.

Regarding his foreign exchange student status, a bit beyond me, should discuss this with his university, they have immigration experts as far foreign exchange students are concerned.

All know on this subject is they love foreign exchange students because the can charge you the full tuition bill. Stepdaughter just met her five year requirement so could get her US citizenship before she left. So we didn't have this problem.

[Jeanlovesandy 0]

Thank you, Thank you all. The information helps.