how do I know if I am eligible to apply for citizenship (presence) in the United States

[Nikolas2017 22]

I received my green card on January 7, 2016 . and I can apply for 90 days before January 7, 2019 for citizenship . in October 7 this year . but I worry about the number of days I was in the United States. 2016 179 (180) days . 2017 I was in the us 190 days this year too 190 day to 7 October 2018 . a total of 563 days ( 18.5 months) . can I apply for citizenship ? I paid taxes every year . family in the United States . car and house. tell me who has had the same

[GreatDane 366]

3 minutes ago, Nikolas2017 said:

I received my green card on January 7, 2016 . and I can apply for 90 days before January 7, 2019 for citizenship . in October 7 this year . but I worry about the number of days I was in the United States. 2016 179 (180) days . 2017 I was in the us 190 days this year too 190 day to 7 October 2018 . a total of 563 days ( 18.5 months) . can I apply for citizenship ? I paid taxes every year . family in the United States . car and house. tell me who has had the same

Yes, the requirement is 18 months.

[Nikolas2017 22]

I'm worried. people say if you've been in a year for less than 183 days, your presence is interrupted . the first year I was 179 days in the us and the other years over 183 . and so I began to worry

[SusieQQQ 11,586]

8 hours ago, Nikolas2017 said:

I'm worried. people say if you've been in a year for less than 183 days, your presence is interrupted . the first year I was 179 days in the us and the other years over 183 . and so I began to worry

Why do people listen to what “people say” when there is alway offical information?

Officially if you are out of the US for 181 days or more you have broken continuous residence. But it’s not “in a year”, it’s counted continuously. Was your 179 day presence (=186 day absence) broken up into smaller segments or was it all in one absence? If it was one long absence then yes you’ve broken continuous residence. If it was 2 or more shorter trips then (assuming all other requirements met) you should be fine.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html#S-C

Edited August 26, 2018 by SusieQQQ

[Nikolas2017 22]

4 hours ago, SusieQQQ said:

Why do people listen to what “people say” when there is alway offical information?

Officially if you are out of the US for 181 days or more you have broken continuous residence. But it’s not “in a year”, it’s counted continuously. Was your 179 day presence (=186 day absence) broken up into smaller segments or was it all in one absence? If it was one long absence then yes you’ve broken continuous residence. If it was 2 or more shorter trips then (assuming all other requirements met) you should be fine.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html#S-C

Yes. I went to my country every 2-3 months . as you say 179 days out of 365 I was only in the USA . and the other 186 I went to my country, and it wasn't one big journey . for example, I fly from the United States for 2 months then return to work pay taxes and again after 3 months I fly from the United States. I just read a lot of things and started to worry when I counted the days. and I don't know if I can count the days when I flew back to the us. that is, the day of arrival . and the second year I have 190 days in the us presence. the second half I also flew to my country . the thing is, I'm sick and I've been getting treatment for my neck . and the doctor said I can't fly a plane after my treatment. and I had to wait a month there and then just fly to the United States . documents I have about this

[SusieQQQ 11,586]

1 hour ago, Nikolas2017 said:

Yes. I went to my country every 2-3 months . as you say 179 days out of 365 I was only in the USA . and the other 186 I went to my country, and it wasn't one big journey . for example, I fly from the United States for 2 months then return to work pay taxes and again after 3 months I fly from the United States. I just read a lot of things and started to worry when I counted the days. and I don't know if I can count the days when I flew back to the us. that is, the day of arrival . and the second year I have 190 days in the us presence. the second half I also flew to my country . the thing is, I'm sick and I've been getting treatment for my neck . and the doctor said I can't fly a plane after my treatment. and I had to wait a month there and then just fly to the United States . documents I have about this

Hmmm...if you were gettIng medical treatment as a resident of your home country that could count against you, it could be seen as you being resident outside the US.

 

I seem to recall the form is clear that days of departure and arrival count as days in the US? But again you are looking at “in 365 days”, that is not how it’s calculated.  (Example if you are in US January to 1 September 2016 and then leave till 31 May 2017 you can’t say you were in the US 8 months in 2016 and 7 months in 2017 so you are ok, uscis will look at it as you have a 9-month absence so you have broken continuous residence)

 

again I suggest you stop reading “a lot of things” and just read the official uscis information, on form n400 itself and the link I gave you earlier (as well as the links in that).

Edited August 26, 2018 by SusieQQQ

[Nikolas2017 22]

2 hours ago, SusieQQQ said:

Hmmm...if you were gettIng medical treatment as a resident of your home country that could count against you, it could be seen as you being resident outside the US.

 

I seem to recall the form is clear that days of departure and arrival count as days in the US? But again you are looking at “in 365 days”, that is not how it’s calculated.  (Example if you are in US January to 1 September 2016 and then leave till 31 May 2017 you can’t say you were in the US 8 months in 2016 and 7 months in 2017 so you are ok, uscis will look at it as you have a 9-month absence so you have broken continuous residence)

 

again I suggest you stop reading “a lot of things” and just read the official uscis information, on form n400 itself and the link I gave you earlier (as well as the links in that).

the fact that I was treated by a doctor 5 years before moving to the United States . and he knows everything about me. I didn't specify it anywhere and only I know about it . I read your link to the site of immigration but I do not understand where I wrote if I leave the United States in a year for more than 6 months . and I leave the United States small travel for 2 months . and as I did not understand to count the number of days per year that I was in the United States. I'm just counting the days since I got the green card . I got it January 7, so consider 365 day until the next 7 January. one of these days, I was in the us in the first year of 180 days , the second year of 190 days and in the third year I will be 220 days .and it is important that at the time of applying for citizenship in the third year, I will also have 190 days . since the file for 90 days from the estimated date of receipt of the green card .  but only in the third year when it will end 220 days. I just worry about the first year when I had 180 days and it is important for me to know the opinion of a smart person . Thanks

[SusieQQQ 11,586]

Maybe someone else can explain this to you better than I can, you keep on talking about “365 days”, I don’t know how else to tell you that is not calculated in annual periods but on a continuous basis.

[Villanelle 4,122]

On 8/26/2018 at 6:06 PM, SusieQQQ said:

Hmmm...if you were gettIng medical treatment as a resident of your home country that could count against you, it could be seen as you being resident outside the US.

 

I seem to recall the form is clear that days of departure and arrival count as days in the US? But again you are looking at “in 365 days”, that is not how it’s calculated.  (Example if you are in US January to 1 September 2016 and then leave till 31 May 2017 you can’t say you were in the US 8 months in 2016 and 7 months in 2017 so you are ok, uscis will look at it as you have a 9-month absence so you have broken continuous residence)

 

again I suggest you stop reading “a lot of things” and just read the official uscis information, on form n400 itself and the link I gave you earlier (as well as the links in that).

This is a very clear explanation.

 

Nikolas if you dont understand or have questions still consult with an attorney. 

[Nikolas2017 22]

20 hours ago, Damara said:

This is a very clear explanation.

 

Nikolas if you dont understand or have questions still consult with an attorney. 

I had the exact question. I asked if I could apply for citizenship if in the first year I was in the us 180 days , the second year 190 days and the third 240 days. I went every three months to my home country and was there for only two months. I did not have one long journey. and I repeat the question does that give me the right to file a form 400 for citizenship

[Villanelle 4,122]

You are not calculating the number of days correctly-

 

So no one can answer your question.

 

This is because we do not know how many days you were out of the country.  You did not provide any dates. You can provide the dates and MAYBE someone will be nice enough to calculate it and post the accurate numbers as well as let you know if you can apply for N400.

 

Read Susies explanation again. They dont look at calendar year. You are using calendar year to calculate the numbers above. They look at a rolling cycle starting immediately preceding the date you applied. So if you left Sept first 2016 and came back May 31st 2017 you dont count some days of the trip as part of 2016 and some as 2017. The trip in its entirety is 9 months absence all counted against you since its in the past 365 days.

 

Do you understand? If not theres a calculator you can try. I never used it so I dont know if it works. https://andreiromanenko.com/days-outside-the-united-states-n-400-calculator/

[Nikolas2017 22]

12 hours ago, Damara said:

Вы не вычисляя количество дней correctly-

 

Так что никто не может ответить на ваш вопрос.

 

Это происходит потому, что мы не знаем, сколько дней вы были из страны. Вы не предоставили никаких дат. Вы можете предоставить даты и возможно кто-то будет достаточно хорошо, чтобы вычислить его и опубликовать точные цифры, а также позволит вам знать, если вы можете подать заявление на N400.

 

Прочитайте Susies объяснение снова. Они не смотрят на календарный год. Вы используете календарный год для расчета числа выше. Они смотрят на прокатном цикла, начиная непосредственно предшествующих дате подачи заявления. Так что если вы оставили Sept первый 2016 и вернулся 31 мая 2017 года вы не подсчитывать несколько дней поездки в рамках 2016 года, а некоторые, как 2017. Поездка в полном объеме 9 месяцев отсутствие засчитаны против вас, так как его в течение последних 365 дней ,

 

Вы понимаете? Если не Theres калькулятор , вы можете попробовать. Я никогда не использовал его , так что я не знаю , если это работает. https://andreiromanenko.com/days-outside-the-united-states-n-400-calculator/

ok . look i traveled . i got grenn card 01/07/2016 

from usa  02/05/16 until 04/07/16 back to usa 

                  05/20/16  ---     09/20/16

                  02/21/17--        06/13/17

                  07/18/17---       09/15/17

                  11/23/17---       12/01/17

                  01/16/18--         02/20/18

                  05/29/18---        08/24/18

                   08/24/18 i came to usa i will stay all year 

2016- i have 180 days

2017 i have 190 days

2018 i will have 238 days

now can you say to me please something

 

13 hours ago, Damara said:

You are not calculating the number of days correctly-

 

So no one can answer your question.

 

This is because we do not know how many days you were out of the country.  You did not provide any dates. You can provide the dates and MAYBE someone will be nice enough to calculate it and post the accurate numbers as well as let you know if you can apply for N400.

 

Read Susies explanation again. They dont look at calendar year. You are using calendar year to calculate the numbers above. They look at a rolling cycle starting immediately preceding the date you applied. So if you left Sept first 2016 and came back May 31st 2017 you dont count some days of the trip as part of 2016 and some as 2017. The trip in its entirety is 9 months absence all counted against you since its in the past 365 days.

 

Do you understand? If not theres a calculator you can try. I never used it so I dont know if it works. https://andreiromanenko.com/days-outside-the-united-states-n-400-calculator/

ok . look i traveled . i got grenn card 01/07/2016 

from usa  02/05/16 until 04/07/16 back to usa 

                  05/20/16  ---     09/20/16

                  02/21/17--        06/13/17

                  07/18/17---       09/15/17

                  11/23/17---       12/01/17

                  01/16/18--         02/20/18

                  05/29/18---        08/24/18

                   08/24/18 i came to usa i will stay all year 

2016- i have 180 days

2017 i have 190 days

2018 i will have 238 days

now can you say to me please something

[Prawninator 138]

2016

- 62 days

- 123 days

 

2017

- 116 days

- 59 days

- 8 days

 

2018

- 35 days 

- 87 days

 

NOW do you see what everyone has been trying to explain? I hope this helps. 

Edited August 29, 2018 by Prawninator
Missed a trip

[Nikolas2017 22]

5 hours ago, Prawninator said:

2016

- 62 days

- 123 days

 

2017

- 116 days

- 59 days

- 8 days

 

2018

- 35 days 

- 87 days

 

NOW do you see what everyone has been trying to explain? I hope this helps. 

thank you

[Prawninator 138]

From what I understand, if you come back before you hit the continuous 180-day mark, that timer resets, essentially meaning you did not break continuous residence. That being said, I'm not an immigration lawyer nor do I know this for a fact, would anyone else be able to corroborate / disprove?