Can I file, or must I wait? [split topic]

[HMM1234 19]

I am eligible for applying for citizenship in September 2021 based on 3 year residency rule. But I stayed out of US for 5 months to look after my parents. Can I still apply in September? Or I need to stay for another 5 months to complete the total 3 year time and then apply for citizenship?

[TBoneTX 46,262]

The above was split from someone else's thread in another forum.

[Dashinka 24,848]

5 hours ago, HMM1234 said:

I am eligible for applying for citizenship in September 2021 based on 3 year residency rule. But I stayed out of US for 5 months to look after my parents. Can I still apply in September? Or I need to stay for another 5 months to complete the total 3 year time and then apply for citizenship?

If only outside of the US for 5 months over the past 3 years, you should still be eligible.

[SusieQQQ 11,587]

On 9/5/2021 at 7:09 PM, HMM1234 said:

I am eligible for applying for citizenship in September 2021 based on 3 year residency rule. But I stayed out of US for 5 months to look after my parents. Can I still apply in September? Or I need to stay for another 5 months to complete the total 3 year time and then apply for citizenship?

You do not need to be present the entire 3 years. The physical presence requirement (actual amount of time you must be in the US) is 18 months, and the continuous residence requirement is not to be out for longer than 6 months at a time. So if all you had was one 5 month absence (and even if you had a few shorter ones too) you are totally fine.

[HMM1234 19]

On 9/7/2021 at 7:43 AM, SusieQQQ said:

You do not need to be present the entire 3 years. The physical presence requirement (actual amount of time you must be in the US) is 18 months, and the continuous residence requirement is not to be out for longer than 6 months at a time. So if all you had was one 5 month absence (and even if you had a few shorter ones too) you are totally fine.

Thanks for your reply. I have another question, I moved from Maryland to California. One of the point in instructions says that u have to live for 3 months in the state where u are applying for N-400. So should I complete three months here and then apply? 

Secondly, I ll be travelling overseas soon, as my mother is not well. So by the time I leave it would be my two months in California? So what should I do in that case? USCIS has my California address ( inlaws address) as permanent address in their record. Should I wait and apply when I return or I can apply before travelling?

[HRQX 4,145]

10 hours ago, HMM1234 said:

One of the point in instructions says that u have to live for 3 months in the state where u are applying for N-400. So should I complete three months here and then apply?

Yes, you must wait the 3 months before filing: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-6 "Three-Month Residency Requirement (in State or Service District)"