Citizenship application and residence continuity break

[Ahmednathan88 0]

I became permanent resident in October of 2016, left the country for work on a travel document in July 2017. I remained out of the country for two years but I maintained my home (I still own it) in Ohio and filed for taxes every year. I returned to the U.S in June 2019 and haven't left the country ever since. When I ca apply for Citizenship? It seems that there are conflicting information online and I really look for accurate answer here. Do I need a lawyer? 

[Mike E 11,739]

3 minutes ago, Ahmednathan88 said:

I became permanent resident in October of 2016, left the country for work on a travel document in July 2017. I remained out of the country for two years but I maintained my home (I still own it) in Ohio and filed for taxes every year. I returned to the U.S in June 2019 and haven't left the country ever since. When I ca apply for Citizenship?

legally 5 years from when you returned in June 2019 less 180 days.
 

But I would not want to bring up the topic of the 2 year absence in my interview, even though you had a re-entry permit.  So I would wait until June 2025, a full five years after returning. 

3 minutes ago, Ahmednathan88 said:

 

Do I need a lawyer? 

Since  you had a re-entry permit you should be fine without one, but I never dissuade people from getting legal advice.  

[Ahmednathan88 0]

14 minutes ago, Mike E said:

legally 5 years from when you returned in June 2019 less 180 days.
 

But I would not want to bring up the topic of the 2 year absence in my interview, even though you had a re-entry permit.  So I would wait until June 2025, a full five years after returning. 

Since  you had a re-entry permit you should be fine without one, but I never dissuade people from getting legal advice.  

Thanks, I will read the application instructions and see if they will allow me to apply. I am not sure what documentation I need top present to show my reentry permits other than the document itself. 

[OldUser 6,624]

@Ahmednathan88 as Mike rightfully outlined, it's best to apply after 5 years of entry to the US in 2019.

 

I don't see how USCIS can go after your green card since you had a re-entry permit. I think the worst can happen is your application gets denied, you lose filing fees and you wait for full 5 years since July 2019 to apply again.

 

If you consider hiring a lawyer (why not, this is the last steps finish line of being naturalized), you can ask them these questions during the consultation before paying them for handling the case.

 

[Ahmednathan88 0]

So, I am con fused, is it 4 years and one day or 4 years and 3 months after I returned to the U.S in June 2019? I tried looking online but there seems to be conflicting information. 

[OldUser 6,624]

3 minutes ago, Ahmednathan88 said:

So, I am con fused, is it 4 years and one day or 4 years and 3 months after I returned to the U.S in June 2019? I tried looking online but there seems to be conflicting information. 

It's at least 4 years and 9 months after you returned to the US. Or better apply 5 years and a week later since you returned to the US. That way IO won't have any doubts for sure.

[Ahmednathan88 0]

7 minutes ago, OldUser said:

It's at least 4 years and 9 months after you returned to the US. Or better apply 5 years and a week later since you returned to the US. That way IO won't have any doubts for sure.

Thank you! I left on a travel document and I maintained my owned home, so do you think it is a good idea to apply in June this year with documentation to overcome the presumption of a break in the continuity of residence?

[OldUser 6,624]

12 minutes ago, Ahmednathan88 said:

Thank you! I left on a travel document and I maintained my owned home, so do you think it is a good idea to apply in June this year with documentation to overcome the presumption of a break in the continuity of residence?

See this related thread

You can always try, but you may lose filing fee for N-400 and get denied. Can always reapply for N-400 later again.

 

My suggested timeframe for filing for naturalization is the safest approach to avoid denial. 

Edited January 2, 2023 by OldUser

[Ahmednathan88 0]

Thank you. I appreciate your response.