Naturalization & Continuous Residence

[Seattle1 0]

Hi Everyone,

 

This forum has been abundantly helpful for me in the past.

I want to know if I am eligible to start applying for naturalization this year, or if I have to wait another 1.5 years.

I was selected for a DIV-1 visa and I interviewed and received permanent resident status in October 2016. I then waited until February 2018 to move to the US, so I just had my 3 year anniversary of physically living in the US.

Am I eligible to start applying for naturalization this October, or do I have to wait to start Applying in February 2023?

 

Thanks in advance

[mushroomspore 3,043]

6 minutes ago, Seattle1 said:

Hi Everyone,

 

This forum has been abundantly helpful for me in the past.

I want to know if I am eligible to start applying for naturalization this year, or if I have to wait another 1.5 years.

I was selected for a DIV-1 visa and I interviewed and received permanent resident status in October 2016. I then waited until February 2018 to move to the US, so I just had my 3 year anniversary of physically living in the US.

Am I eligible to start applying for naturalization this October, or do I have to wait to start Applying in February 2023?

 

Thanks in advance

You can only apply under the 3-year rule if you are also married to a US citizen and have been living with them in marital union for 3 years prior to filing N400 AND they have been a US citizen for 3 years or more.

[SusieQQQ 11,586]

You have had your green card for 5 years, but you have not maintained continuous residence for all that time if I understand what you have said. You probably meet the physical requirements (30 out of 60 months, or 913 days)  I but you are presumed to have broken continuous residence with any absence longer than 180 days within that. So the earliest date you can apply is 4 years and 6 months after the last re-entry which was not followed by a 6 month absence. If that was Feb 18, you can apply around august 2022.

[SusieQQQ 11,586]

15 minutes ago, SusieQQQ said:

You have had your green card for 5 years, but you have not maintained continuous residence for all that time if I understand what you have said. You probably meet the physical requirements (30 out of 60 months, or 913 days)  I but you are presumed to have broken continuous residence with any absence longer than 180 days within that. So the earliest date you can apply is 4 years and 6 months after the last re-entry which was not followed by a 6 month absence. If that was Feb 18, you can apply around august 2022.

Sorry correction too late to edit, you will have had your green card for 5 years in October.  That would be the start date of the 5 year count if you had not broken continuous residence, but as it seems you have it’s not totally relevant anyway as you need to wait for till around august next year to apply. You will need to meet the physical presence and continuous residence requirements for the 5 years up until you apply.

 

Again, it is 4 years 6 months and not 5 years after your last “proper” entry that you can apply after a break in continuous residence, because you will have had your green card longer than 5 years.

 

 

Edited March 4, 2021 by SusieQQQ

[SusieQQQ 11,586]

1 hour ago, mushroomspore said:

You can only apply under the 3-year rule if you are also married to a US citizen and have been living with them in marital union for 3 years prior to filing N400 AND they have been a US citizen for 3 years or more.

His question about whether he can apply in October this year references his 5 year anniversary so it seems to me he is looking at the correct time period, however he has not met other requirements. 

[mushroomspore 3,043]

Just now, SusieQQQ said:

His question about whether he can apply in October this year references his 5 year anniversary so it seems to me he is looking at the correct time period, however he has not met other requirements. 

Oh got it. The wording confused me.

[SusieQQQ 11,586]

3 minutes ago, mushroomspore said:

Oh got it. The wording confused me.

Yup - it was kind of odd he mentioned the three year anniversary , had to read through a bit

Edited March 4, 2021 by SusieQQQ