N-400 eligibility

[Bella8 4]

I contacted two attorneys regarding my eligibility for naturalization and have received conflicting answers. 

I had a break in my continuous residency (left for 1 y and 4 months the USA )and had a Reentry permit - my return date was end of August 2016. 

Since then I took a 3 month trip in 2017, again 3 months in 2018 and 1.5 months in 2019. Now the question: when am I eligible for naturalization (marriage based) ? 

Edited April 6, 2019 by Bella8

[promenad 9]

I would be interested in the answer too!

Did you stay 1 year and 4 months out without coming to usa? Did you applied to the reentry before you left?

[Bella8 4]

Yes - left for almost 1,5 y with Reentry P 

[Lemon23 400]

15 hours ago, Bella8 said:

I contacted two attorneys regarding my eligibility for naturalization and have received conflicting answers. 

I had a break in my continuous residency (left for 1 y and 4 months the USA )and had a Reentry permit - my return date was end of August 2016. 

Since then I took a 3 month trip in 2017, again 3 months in 2018 and 1.5 months in 2019. Now the question: when am I eligible for naturalization (marriage based) ? 

The question is, what month and year you became permanent resident? Continues 18 months (no travel internationally) is required to be eligible for US Citizenship for 3 years and 30 months for 5 years rules.

Since you've been out of the country more than 1 year once and there are some several occasions, then you're not qualified. You have to prove tie relationship to the US being permanent resident.

Edited April 7, 2019 by Lemon23

[Lemon23 400]

Here's the link:

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

[Bella8 4]

P Resident since September 2014 

As of today I did spend more than half of the time in the USA since becoming a resident. I don’t know if I have to wait full 3 years since coming back after my long trip or if I theoretically  could file today. Going 3 years back from the date of filing (if I would today) I have no Trips that are 6 + consecutive  months long and I spent more time in the US than outside . 

[Radkova 11]

I'm not sure how you were able to come back after being gone for 1 year 4 months and why your reentry was even approved. Someone else correct me, but I wouldnt apply for n-400 today. What did the lawyers say?

[Bella8 4]

2 minutes ago, Radkova said:

I'm not sure how you were able to come back after being gone for 1 year 4 months and why your reentry was even approved. Someone else correct me, but I wouldnt apply for n-400 today. What did the lawyers say?

With a Reentry Permit you can be absent for up to 2 years - if you leave for 12 + months without a Reentry Permit you are in trouble - I had my R permit issued for 2 years. 

 

[cyclone27 710]

After Sept 2019 would be based on marriage and Sept 2021 for 5yrs. (Assuming you don’t break continuous residency again or accrued too much time outside US)

[Bella8 4]

Would I still b eligible to file 90 days prior? September 2019 minus 90 days - so apply in June?  - we have lived  in the same place for almost 3 years now ..... 

[cyclone27 710]

Personally I would play it safe and wait til Sept.