Will I be eligible to apply for naturalization?

[nastra30 2,309]

4 hours ago, Nicolaszz said:

I didn't. It just asked if I've taken any trips longer than 6 months, which I haven't. Is there any other calculator? Also, what would I lose if I applied and didn't get accepted?

Within the N400 application, you'll be asked to list all trips taken outside the US in the last 5 years. Then USCIS  will use that to do their own calculations. Good luck.

Edited 21 hours ago by nastra30

[EmilyW 1,478]

Since we are overcomplicating it, apply and good luck!

[midwinterrose 277]

There is a physical presence requirement in addition to the continual residence requirement:

 

Applicants are required to show that they were:

 

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

 

So total up all the days you spent outside of the US in the last 5 years, and if you have still spent 30 months inside the US in the past 5 years, then you can apply.

 

Be prepared to show evidence to support your claim that the US was still your primary residence which you were away from temporarily while you visited Lebanon.  For example, did you still rent an apartment, pay for you phone service, have mail forwarding, etc.?  If you didn't maintain any ties to the US while in Lebanon, be prepared for your continuous residence to be questioned by the interviewing officer.

[Nicolaszz 10]

1 hour ago, midwinterrose said:

There is a physical presence requirement in addition to the continual residence requirement:

 

Applicants are required to show that they were:

 

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

 

So total up all the days you spent outside of the US in the last 5 years, and if you have still spent 30 months inside the US in the past 5 years, then you can apply.

 

Be prepared to show evidence to support your claim that the US was still your primary residence which you were away from temporarily while you visited Lebanon.  For example, did you still rent an apartment, pay for you phone service, have mail forwarding, etc.?  If you didn't maintain any ties to the US while in Lebanon, be prepared for your continuous residence to be questioned by the interviewing officer.

I have spent over 30 months. But why is it needed to prove that the US was still my primary residence? I never broke my continuous residence since I never was absent for more than 6 months. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5. My longest trip was ~140-150 days

[OldUser 7,030]

25 minutes ago, Nicolaszz said:

I have spent over 30 months. But why is it needed to prove that the US was still my primary residence? 

Because the purpose of LPR is to permanently and officially live in the US. You used your GC like a visitor visa for the first few years of having it. If you want to somebody to say "yes, go ahead and apply" - you got it from me. Just know N-400 may be denied.

[Nicolaszz 10]

24 minutes ago, OldUser said:

Because the purpose of LPR is to permanently and officially live in the US. You used your GC like a visitor visa for the first few years of having it. If you want to somebody to say "yes, go ahead and apply" - you got it from me. Just know N-400 may be denied.

It wasn't a few years, just the first year. I was enrolled in college in the US within a year, and was getting my affairs in order before officially moving. I can't apply yet as my 5 year anniversary will be in June 2025. Am just anxious cause I might have to go on an assignment abroad sometime in the next year so I wanted to get my naturalization done and dusted and not have to deal with a headache of breaking continuous residence.

[OldUser 7,030]

1 minute ago, Nicolaszz said:

It wasn't a few years, just the first year. I was enrolled in college in the US within a year, and was getting my affairs in order before officially moving. I can't apply yet as my 5 year anniversary will be in June 2025. Am just anxious cause I might have to go on an assignment abroad sometime in the next year so I wanted to get my naturalization done and dusted and not have to deal with a headache of breaking continuous residence.

You can give it a go. We're only warning you to get you prepared for the interview. Worst case you can reapply in the future.

[Boiler 45,784]

it is only money

[b_pirate 6]

Not sure why you're complicating the issue, just wait an extra year and save yourself the trouble! I understand you're eager to get the citizenship, but a 12-month wait is sure worth the peace of mind 

[OldUser 7,030]

1 minute ago, b_pirate said:

Not sure why you're complicating the issue, just wait an extra year and save yourself the trouble! I understand you're eager to get the citizenship, but a 12-month wait is sure worth the peace of mind 

As explained by OP they may be away from the US for prolonged time next year.

 

I'm not sure how appying for N-400 could help with that though. N-400 can take a year easily, especially with new administration. So if OP is away, they won't be able to naturalize anyway.

[randomstairs 309]

20 hours ago, Nicolaszz said:

then moved here to the US permanently in January 2022

If you formally state that you weren't living in the US permanently during that year, the actual dates notwithstanding, you violated the continuous residence requirement. That would be technically true even if you were physically present in the US the whole time. As an LPR you are required to permanently reside in the US, but you are stating here that this wasn't the case.  

Edited 14 hours ago by randomstairs

[randomstairs 309]

12 hours ago, Nicolaszz said:

How can I try to persuade them that my residency was in the US since 2020 but I had to get my affairs in order (which I really did) back home before physically resided permanently?

For start, you shouldn't refer to a foreign country as "home." Your home is in the US, or you are seriously violating the LPR status. 

[randomstairs 309]

11 hours ago, Nicolaszz said:

In chapter 3. Summary, it says that if your absence was less than 6 months, then you do not need to overcome a presumption of breaking the continious residence

Unless you are not IN FACT only visiting the US while actually residing abroad, as seems to be the case here.

[appleblossom 2,835]

2 hours ago, Nicolaszz said:

I have spent over 30 months. But why is it needed to prove that the US was still my primary residence? I never broke my continuous residence since I never was absent for more than 6 months. https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.5. My longest trip was ~140-150 days

 

You do need to look at the other requirements too, and it doesn't sound as though you took up permanent residency for quite some time.  

 

"establish a principal dwelling place in the United States with the intention of permanently residing there, and must thereafter acquire the requisite period of residence before eligibility for naturalization may be established. Accordingly, a commuter resident alien may not apply for naturalization until he or she has actually taken up permanent residence in the United States and until such residence has continued for the required statutory period. Such an applicant bears the burden of providing evidence to that effect."

 

I sympathise, as my daughter will be in the same situation if she decides to apply for citizenship, as she's currently studying at university in the UK. But the difference with her is that she established residency here first (lived here for well over a year before she left for college), so when she left she already had a residence, bank account, bills, etc. All of her family are here, her home is here, she has a job here that she works in during the holidays, and she has filed taxes ever since she arrived. We've checked with lawyers and they've all said she should be fine, but only because she very firmly established residence before leaving, and because she has no residence elsewhere. 

 

Personally I would suggest you just wait and apply when you're sure you meet the requirements rather than risk it, but your call. Good luck. 

Edited 13 hours ago by appleblossom

[JeanneAdil 6,587]

16 hours ago, Nicolaszz said:

I didn't have a job. I was only 17-18. I enrolled in college in the US in August 2021, but it was online during COVID. How can I try to persuade them that my residency was in the US since 2020 but I had to get my affairs in order (which I really did) back home before physically resided permanently?

My mom applied for taxes as a non filer during that 2020-2021 period where we hadn't yet officially moved in to the US. Would that be helpful at all? 

Your post defeats itself.

you were 17-18 in August 2021 but came the 1st time in 2020 when u would have been 16  and u are saying u had to return to "get affairs in order"????  Immigration officer may ask u what affairs?

 

taking online classes you could have done here in US /we have internet here

 

You really need to wait to apply as your permanent residency started in 2022 

as what u say will not be advantageous to you in an interview with an immigration officer