Is there any chance I can apply for citizenship?

[eriksaav 1]

 

Hey guys, I got my green card through marriage Nov 2018. I got divorced but got my other GC approved in March 2023.

 

Nov 2023 I completed 5 years being a Permanent Resident,  however I spent a lot of time outside of the US since I got my GC.

 

To be honest during those 5 years, I stayed only 25 months inside the US

I don't have any > 1 year absence, but I have  >9, or 10- 11 months absence ( Actually I just came back from a 9 month trip)

 

So technically I need "4 more months" to be able to apply for citizenship ( 30 months )

 

The reasons why I was overseas was different for each trip but was mostly because of my health, because of my parents health....and this last trip was to do some Classes in another country ( but I applied for a Reentry permit before I left )

 

So I have this situation: I went to a immigration lawyer and he told me to wait 4 months and apply for citizenship. He told me that we can "explain" why I was overseas for so long and that it would be OK

 

However I did some research and think they will most likely deny my Citizenship because of the multiple  > 6 months trips. I also read a story this week about someone having the GC revoked for a similar situation during Citizenship application process.

So can you share your opinions about that? I don't wanna waste time money with lawyer and applications that will most likely be denied.

 

And in case you agree with me ( that I don't qualify for citizenship ), when do you think I should start to "count" the clock? ( that would be the date of my last arrival after a 9 month trip? )

 

thank you very much

 

 

 

 

 

 

 

[OldUser 7,004]

You should count 4 years and 1 day since you came back from your last trip that laster over 6 months.

[Redro 4,611]

32 minutes ago, eriksaav said:

So I have this situation: I went to a immigration lawyer and he told me to wait 4 months and apply for citizenship. He told me that we can "explain" why I was overseas for so long and that it would be OK

 

However I did some research and think they will most likely deny my Citizenship because of the multiple  > 6 months trips. I also read a story this week about someone having the GC revoked for a similar situation during Citizenship application process.

So can you share your opinions about that? I don't wanna waste time money with lawyer and applications that will most likely be denied.

 

And in case you agree with me ( that I don't qualify for citizenship ), when do you think I should start to "count" the clock? ( that would be the date of my last arrival after a 9 month trip? )

 

An applicant for naturalization has the burden of establishing that he or she has complied with the continuous residence requirement, if applicable. Generally, there are two ways outlined in the statute in which the continuity of residence can be broken:^[9]

• The applicant is absent from the United States for more than 6 months but less than 1 year; or

• The applicant is absent from the United States for 1 year or more.

 

Did you apply for the re-entry permit (I-131) which shows you did not intend to abandon your home in the US?

Have you filed taxes every year, maintained a US based job, a residence, car, car insurance? 

What evidence will you use to show and "explain" why you were overseas for so long?

 

Personally, I would spend more time in the US vs other countries for the next 4 years and 1 month with no trips over 1 month.... 

But, if you have a good reason why you needed to be outside the US for more than 6 months each time... what reasons did the lawyer suggest and what were your reasons for not being in the US... Finally, what are your reasons now for wanting to become a US citizen? 

Edited January 18 by Redro

[eriksaav 1]

Just now, Redro said:

Staying outside the US for more than 6 months means you could have broken residency. 

Did you apply for the re-entry permit (I-131) which shows you did not intend to abandon your home in the US?

Have you filed taxes every year, maintained a US based job, a residence, car, car insurance? 

What evidence will you use to show and "explain" why you were overseas for so long?

 

Personally, I would spend more time in the US vs other countries for the next 4 years and 1 month with no trips over 1 month.... 

But, if you have a good reason why you needed to be outside the US for more than 6 months each time... what reasons did the lawyer suggest and what were your reasons for not being in the US... Finally, what are your reasons now for wanting to become a US citizen? 

 

- I applied for a Reentry permit only for this last trip. My previous long trips ( > 6 months ) I did not applied for a reentry permit.

I live with my boyfriend since 2020, it is his house.

I filed taxes. no car. no insurance. no job ( not in the US and not overseas ). 

 

I can only show/proof that I was really sick and it was much easier for me to stay with my parents overseas. and then my father got into a long fight against cancer.....those would be my "reasons"

 

that would be all my proof . My lawyer said there is a chance ( but of course he wants to make money so.... )

 

But I think it is more complicated than what he says. 

 

I always wanted to be a citizen, but life happened. So Im just wondering what are my chances. But I think Im aware I cannot do it anytime soon 

 

 

 

[Redro 4,611]

2 minutes ago, eriksaav said:

 

- I applied for a Reentry permit only for this last trip. My previous long trips ( > 6 months ) I did not applied for a reentry permit.

I live with my boyfriend since 2020, it is his house.

I filed taxes. no car. no insurance. no job ( not in the US and not overseas ). 

 

I can only show/proof that I was really sick and it was much easier for me to stay with my parents overseas. and then my father got into a long fight against cancer.....those would be my "reasons"

 

that would be all my proof . My lawyer said there is a chance ( but of course he wants to make money so.... )

 

But I think it is more complicated than what he says. 

 

I always wanted to be a citizen, but life happened. So Im just wondering what are my chances. But I think Im aware I cannot do it anytime soon 

 

 

 

I am so sorry about your situation.  I hope your health has improved. 

It sounds like you should wait another 4 years. It is safer like that. 

Seeing as you received your 10 year GC in 2023, it should be good until 2033?

If you apply for citizenship after 4 years today or even 5 years today you will not have to renew your GC before that time. 

 

[Boiler 45,753]

You chose your path.

 

A re entry permit has nothing to do with this, that is about maintaining your LPR status.

 

I must admit I thought it was 3 years and one day but USCIS have a good guide.

[eriksaav 1]

15 minutes ago, Boiler said:

You chose your path.

 

A re entry permit has nothing to do with this, that is about maintaining your LPR status.

 

I must admit I thought it was 3 years and one day but USCIS have a good guide.

 

The reason I mentioned the Reentry Permit is because today I read somewhere that a Reentry permit could help me proof that the >6  month trip would not "break residence" requirement

 

Im not in a hurry to get Citizenship....Im just asking advice because I dont wanna waste money / energy with lawyers, etc

 

Edited January 18 by eriksaav
incomplete

[OldUser 7,004]

1 minute ago, eriksaav said:

 

The reason I mentioned the Reentry Permit is because today I read somewhere that a Reentry permit could help me proof that the >6  month trip would not "break residence" requirement

 

Im not in a hurry to get Citizenship....Im just asking advice because I dont wanna waste money / energy with lawyers, etc

 

4 days and 1 month if you want to be bulletproof and don't spend money on lawyers etc

[Boiler 45,753]

9 minutes ago, eriksaav said:

 

The reason I mentioned the Reentry Permit is because today I read somewhere that a Reentry permit could help me proof that the >6  month trip would not "break residence" requirement

 

Im not in a hurry to get Citizenship....Im just asking advice because I dont wanna waste money / energy with lawyers, etc

 

This rule provides an advantage, allowing you to apply for naturalization after waiting for just four years and one day from the date of your return to the United States, rather than the standard five years [Source: 8 CFR 316.5(c)(1)(ii)].

 

As I said it does help keep your Residence but the issue is when you can apply for Citizenship.

Edited January 18 by Boiler

[Cathi 5,771]

A green card is for living in the U.S., for all intents and purposes you have not done that. In order to qualify for citizenship, it's like everyone else said, 4 years and one day- BUT you MUST spend the majority those 4 years here in the U.S., no more long absences. Best of luck.

[powerpuff 6,744]

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