When am I eligible to File for US citizenship?

[Pragati Soni 4]

Hi All
I got my GC on 7th May 2011. But I used to work in Uk and shuffle between US and UK. I have always paid US taxes since I had become a resident and worked for a US Investment Bank in London. I had a reentry permit valid from Dec 2011 till Dec 2013. I moved to US back in 29 April 2014 and got a job transferred here. Can you please advise when can I file for US citizenship. I am not married to a US citizen.

Comments USA Arrival USA departure dates number of days present in the US Number of days absent in the US got GC on 7th may 2011 7-May-11 9-Jun-11 30 18-Nov-11 3-Dec-11 15 162.00 9-Jun-12 27-Jun-12 18 189.00 7-Jun-13 1-Jul-13 24 345.00 Renetry permit expired Dec 15th Dec 2013. So entered US before the expiry 12-Dec-13 30-Dec-13 18 164.00 22-Mar-14 31-Mar-14 9 82.00 29-Apr-14 18-May-15 384 29.00 25-May-15 present 7.00

Comments
USA Arrival
USA departure dates
number of days present in the US
got GC on 7th may 2011
7-May-11
9-Jun-11
30

18-Nov-11
3-Dec-11
15

9-Jun-12
27-Jun-12
18

7-Jun-13
1-Jul-13
24
Renetry permit expired Dec 15th Dec 2013. So entered US before the expiry
12-Dec-13
30-Dec-13
18

22-Mar-14
31-Mar-14
9

29-Apr-14
18-May-15
384

25-May-15
present

[Pragati Soni 4]

Please can someone assist I want to know when can I apply for US citizenship. Look at the excel dates.

[teeak 224]

It's 5 years of continuous residence. If you were absent for more than 6 months but, less than a year, you need to show evidence that you maintained your residence in the US or maintained employment. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

It looks like you'll have to show this proof during your absent periods of Dec 2011-June 2012 and June 2012-June 2013.

Also, to apply you need to have been physically present in the US for at least 30 months of the 5 years. Based on the dates you provided even though your 5 years will be in May 2016, it looks like it'll only be about 28 months. http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

If you can prove that during those more than 6 month breaks you maintained a residence, employment etc. then you'd be eligible July/August 2016.

However, if you can't evidence that then you'll need to count 5 years of continuous residence from July 2013 which would make you eligible in July 2018.

[Pragati Soni 4]

I read somewhere that if I have the Re entry permit, then the eligibility is 4 years and 1 month if I have missed on the continuous stay. Please confirm

[teeak 224]

Nope, I don't think that's true. This is from a guide published by USCIS: http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

What if I was outside the United States between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this Guide to find out what information you must give to prove you did not break your continuous residence.

What if I was outside the United States for 1 year or longer? In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit.

[Pragati Soni 4]

Please read this as I had a Re entry permit.

What is I-131?

It’s the same form you used for filing for Advanced Parole when you are in need of Advanced Parole during your Adjustment of Status. It’s also the same form used for protecting your Green Card through a process called Reentry Permit. So you use your 1-131 to apply for a Reentry Permit, which is typically given for two years at one go, and you can get that extended, depending on the circumstances. Basically, the I-131 tells the government, “Look. I am not abandoning my permanent residence. I am just going outside temporarily.” Once you file the I-131, things change for naturalization purposes.

Did you stay outside USA for one year continuously?

If you did, ordinarily, if you had not filed I-131, you would have to start five years all over again, if you have not lost your Green Card. You could have even lost your Green Card. But, if you had filed your I-131, you don’t lose your Green Card, and you also get a respite of one year. When you come back, you have to establish your US residence for four years and one day instead of five years and apply after you have accumulated physical presence in USA for 2 ½ years. It gives you one year off from those five years. That’s an added advantage of I-131. It protects your Green Card as much as humanly possible. There’s more to it. I would always advise you to talk with a lawyer before you take any steps of going outside USA for an extended period of time. It also shortens the time of five years that you would have to otherwise accumulate for naturalization.

Did you stay outside USA for one year continuously after I-131?

If the answer is no, then these same requirements that apply to normal people will apply to you. Physical presence of 30 months, no visit outside USA for a year or more, six months or more will have to be explained.

- See more at: http://www.immigration.com/media/form-i-131/requirements-naturalization-usa-forms-i-131n-470#sthash.ChjlcCp0.dpuf

[teeak 224]

But, based on the table you provided, you didn't leave the USA for one year continuously. Also there seems to be a lot of conflicting information from different sources. It may be best to consult an attorney or ask on avvo.com

Edited October 6, 2015 by teeak

[Pragati Soni 4]

If I have not lived outside US for more than a year even after having Re entry, then I am better off right. But as I had a job in the UK, I don't know if there is any way I can prove I had rent paid in US..although my parents lived in US during all the time while I was away to UK and I was maintaining US credit card and bank ac.

[teeak 224]

Yea, if you look at the Chapter 3 link I provided, it says:

"The applicant did not terminate his or her employment in the United States or obtain employment while abroad.​"

but, since you did obtain employment abroad, you wouldn't be able to overcome this

[Pragati Soni 4]

yes true. But my company is a US company and I was deputed to London.

think I have no choice but to wait. I am not in rush either. but I want to get away with burden of having the greencard.

[ndprulx 5]

When you said you were deputed to London by american company, were you being paid in US dollars? And what you heard is true, there is a rule called 4 year one day rule, which applies clearly to someone out of USA for over a year on parole, but due to the fact that it doesn't speak of instances of absence of 6 months to one year, you will have to prove that you fall under the category. Most likely as the immigration officer are not going to deal with it so they will probably deny your case and you will have to fight the case with attorney. Also, if you decide to apply, you'll have to prove that your out of USA days were just absence and you had established residency in USA before those absences, and since you were deputed, that shouldn't be a problem. But, if you are not in a hurry, since the only difference in citizenship and lpr is voting rights, I'd wait till my criteria is met with no hassle. But then again, trying will not harm you, just $680 at stake.

[Pragati Soni 4]

Forget it.

Tthe USCIS system and rules are not straight forward. No added advantages of becoming a US citizen with these complex set of rules. I would prefer to wait. No need to have a attorney

[juliusmagno08 1]

Sad to say NO, your re-entry permit does not allow your continues stay in America. You need to wait 4-5 years to apply for citizenship.

[carlosisnice 0]

Well it seems that you are eligible, given that you its been five years since you got your gc. But be careful you might be ineligible if during the past 5 years you have spent more than 180 days out of the us at one time citizenship may be denied. Best of luck

[Henry357 70]

Please read this as I had a Re entry permit.

What is I-131?

It’s the same form you used for filing for Advanced Parole when you are in need of Advanced Parole during your Adjustment of Status. It’s also the same form used for protecting your Green Card through a process called Reentry Permit. So you use your 1-131 to apply for a Reentry Permit, which is typically given for two years at one go, and you can get that extended, depending on the circumstances. Basically, the I-131 tells the government, “Look. I am not abandoning my permanent residence. I am just going outside temporarily.” Once you file the I-131, things change for naturalization purposes.

Did you stay outside USA for one year continuously?

If you did, ordinarily, if you had not filed I-131, you would have to start five years all over again, if you have not lost your Green Card. You could have even lost your Green Card. But, if you had filed your I-131, you don’t lose your Green Card, and you also get a respite of one year. When you come back, you have to establish your US residence for four years and one day instead of five years and apply after you have accumulated physical presence in USA for 2 ½ years. It gives you one year off from those five years. That’s an added advantage of I-131. It protects your Green Card as much as humanly possible. There’s more to it. I would always advise you to talk with a lawyer before you take any steps of going outside USA for an extended period of time. It also shortens the time of five years that you would have to otherwise accumulate for naturalization.

Did you stay outside USA for one year continuously after I-131?

If the answer is no, then these same requirements that apply to normal people will apply to you. Physical presence of 30 months, no visit outside USA for a year or more, six months or more will have to be explained.

- See more at: http://www.immigration.com/media/form-i-131/requirements-naturalization-usa-forms-i-131n-470#sthash.ChjlcCp0.dpuf

Based on the link provided

Nope, I don't think that's true. This is from a guide published by USCIS: http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

What if I was outside the United States between 6 and 12 months? If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this Guide to find out what information you must give to prove you did not break your continuous residence.

What if I was outside the United States for 1 year or longer? In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit.

From your link:

http://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

If you return within 2 years, some of your

time out of the country does count. In

fact, the last 364 days of your time out of

the country (1 year minus 1 day) counts

toward meeting your continuous residence

requirement.

You

Looks like you he is correct in saying he can apply 4 years and one day after he returned.....