5 year Greencard to Citizenship Question

[palmy 0]

I entered on my Greencard at the end of August 2010.I stayed for a month and returned to my Country to sell up all my belongings and move back.

I returned back into the U.S at the start of August 2011 (approx. 10mnths away).

I have been here since then.

Can I apply for my Citizenship from my entry date in 2010 in the year 2015.?

On the immigration website it just reads you have to have been residing here for the past 30 months.And that you have not been out of the Country for 12 months or longer.

Thanks

[Zedayn 485]

Ok here are the requirements for applying for citizenship from http://www.uscis.gov/sites/default/files/USCIS/Office%20of%20Citizenship/Citizenship%20Resource%20Center%20Site/Publications/PDFs/G-1151.pdf

• Be 18 years old or older at the time of filing Form N-400, Application for Naturalization.
• Be a lawful permanent resident (have a “green card”).
• Demonstrate continuous permanent residence in the United States for at least 5 years. (In some cases, this may be 3 years if you are married to a U.S. citizen)
• Show that you have lived for at least 3 months in the state or USCIS district where you claim residence.
• Show that you have been physically present in the United States for 30 months. (In some cases, this may be 18 months if you are married to a U.S. citizen.)

Now, the issue is determining what is "continuous permanent residence". From the USCIS website http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization:

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

• Absences of more than six months but less than one year may disrupt an applicant’s continuous residence unless the applicant can prove otherwise, (see legal basis)
• Absences in excess of one year or more may disrupt an applicant’s continuous residence, (see legal basis)
  

Based on this, since you were out of the country for more than six months between Aug 2010 and Aug 2011, you have only had continuous residence since Aug 2011. Therefore you will be eligible to apply sometime at the start of May 2016 (90 days before the anniversary of your arrival in Aug 2011)

[palmy 0]

Thanks

I filed my Taxes for 2010 and Payed the IRS money for 2010.Would this not prove my intent for permanent residency for 2010.

The being outside the U.S for between 6-12 is the grey area. It states It may disrupt Unless the applicant can prove otherwise.(what does this mean, prove what?)That my intent was to be a resident because I filed for taxes that year . I understand the being outside the country for 1 year thing, just not sure what they are saying for being out of the country for between 6-12 months.I just seems they may or may not give it to you.

Edited January 11, 2014 by palmy

[Shub 78]

That's correct, they may or may not give it to you. They will question you about it though, never doubt that. And the burden is on you to prove that you kept ties to the US. Such proof may include not quitting your job in the US, maintaining a permanent residence (as in a home/apartment, i.e. paying rent or a mortgage), having bank accounts.

Read http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html for example -- part C is relevant here.

[palmy 0]

Thanks