out of USA

[nickymicky 58]

Hi

I came to US as LPR on 01/27/2013 and during my 5 years time frame I was out of US for 364 days at one time and the other time I was out for 2 months. 

can I apply for US Citizen now or not

if not then how long do I have to wait.

 

thank you

[nickymicky 58]

[nickymicky 58]

anyone has any idea?

[JoeSchmoe2017 92]

Continuous Residence

Applicants are required to show that they have:

• Resided continuously in the U.S. for five years before applying, (see legal basis), or
• Resided continuously in the U.S. for three years in the case of qualified spouses of U.S. citizens, (see legal basis) 

“Continuous residence” means that the applicant has maintained residence within the United States for the required period of time shown above.

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, see policy manual)
• Absences in excess of one year (PDF, 667 KB) or more may disrupt an applicant’s continuous residence, (see legal basis, see policy manual)

Physical Presence

Applicants are required to show that they were:

• Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)
• Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400 in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5) & §319.1(a)(5)).

[Holt 73]

Let take a look in your case. 

You have became LPR on 01/27/2013. 

Total days spent in US (supposedly): 1770 days. 

Total days you need to spend in US to qualify Physical Presence: 18 months = 548 days. 

Total days you have spent in US: 1770 - 364 - 62. 

Condition of Physical Presence: You met this condition. 

 

However, you have broke your Continuous Residence because you have spent more than 6 months outside US. 

I am not sure how to verify if 364 days is still under 365 days.

If not , you might apply using 4 years and 1 day rule.

If yes, you might need to think about the reason why you have been out of US. Generally proving these conditions applying to you works best: 

• You did not terminate his or her employment in the United States or obtain employment while abroad.
• You immediate family remained in the United States.
• You retained full access to his or her United States abode.

Hope this helps.