Do I qualify for citizenship?

[rockmd 0]

 

Hello guys,

 

So since I got my GC in 2018 I have stayed outside of the US for 31 months. ( not continuous ) but this included a

 

11 month absence ( 2019-2020 )

2 month absence ( 2020 )

2 month absence ( 2021 )

9 month absence ( 2022 )

5 month absence ( 2023 )

 

I was working in the Netherlands 

 

I received a call from my lawyer saying that Im gonna enter the 90 day window that I could apply for citizenship, but-- Im my opinion-- I don't qualify ( because of 31 months outside the US + 2 trips longer then 6 months....

 

I just got back to America last month ( after a 5 months trip )...... I filed taxes every years, kept my US apartment.....boyfriend in the US.....In your opinion when should I start "counting" the time to apply for citizenship??? I'm not gonna take any more trips outside the US for the next few years

 

 

 

 

 

 

 

 

[Crazy Cat 41,845]

Does the attorney think you qualify under the 3-year rule or 5-year rule? 

[jan22 3,053]

1 hour ago, Crazy Cat said:

Does the attorney think you qualify under the 3-year rule or 5-year rule? 

Since there was mention of a "boyfriend" in the US, I would think (hope) that meant there wasn't also a US citizen spouse who would mean that the 3-year rule was even a possibility -- must be 5-year rule.

[Crazy Cat 41,845]

11 minutes ago, jan22 said:

Since there was mention of a "boyfriend" in the US, I would think (hope) that meant there wasn't also a US citizen spouse who would mean that the 3-year rule was even a possibility -- must be 5-year rule.

You're right...

[JeanneAdil 6,498]

u  just got back last month so  inform your lawyer as u need to live in the pertinent county jurisdiction  for 3 months prior to filing 

u have 2 months more to go

 

https://www.uscis.gov/citizenship/learn-about-citizenship/commonly-asked-questions-about-the-naturalization-process

 

To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.

You may travel to another country, including your home country, provided no other legal impediment precludes you from doing so. However, if a trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization.

In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. To qualify for naturalization, an applicant must spend at least half of their time in the United States. This is known as the “physical presence” requirement. If you take frequent, short trips abroad that result in you spending more than half your time outside the United States, then you will also be ineligible for naturalization.

The requirements of “continuous residence” and “physical presence” are interrelated but are different requirements. A naturalization applicant must satisfy each requirement to be eligible for naturalization.

[Mike E 11,739]

2 hours ago, rockmd said:

your opinion when should I start "counting" the time to apply for citizenship??? I'm not gonna take any more trips outside the US for the next few years

January 1, 2023. File N-400 January 1, 2028

[Mike E 11,739]

3 hours ago, rockmd said:

So since I got my GC in 2018 I have stayed outside of the US for 31 months

.::

11 month absence ( 2019-2020 )

2 month absence ( 2020 )

2 month absence ( 2021 )

9 month absence ( 2022 )

5 month absence ( 2023 )

11+2 = 13

2+9 = 11

13+11=24

5+24=29 not 31

 

Moot point though. Working outside U.S. for those absences of 181+ days broke continuous residency

 

 

[rockmd 0]

19 hours ago, Mike E said:

January 1, 2023. File N-400 January 1, 2028

 

that is what I tought!!!! I dont wanna spend 1000 dolars on a N-400 application to be denied!!!

Better wait 5 years to apply