surd

According to uscis, among other things, you must establish:

"(4) Has been physically present in the United States for at least 30 months of the five years preceding the date of filing the application;"

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-30975.html

I have not done the math, but I think that even including your 6 months outside the US, that you would have spent more than half the time in USA, so I think you would qualify to apply without waiting until April 2017. However, if you are unsure about the eligibility, after all it is just a few months and you might save the headache and worry and anxiety if you just wait to apply if you do not urgently need citizenship.

Thanks for ur response. So From 2012 April to Current I have definitely spend more than 30 months

2012 April - 2013 March -12 months

2013 April - 2014 March -12 months

2014 April - 2015 March -12 months

2015 April 2016 March - 12 months

2016 April to current - 7 months

Total of - 55 months in USA in last 5 years

Hi All,

2010 April -Got my Green Card and Stayed in US for 30 days and travelled back to my country bec i was a student.

2011 March- visited for 30 days
2012 March- Moved permanently to US and been stay here ever since then.

I know my continuous residency was broken in 2010 and 2011 as I stayed outside US for over 6 months.

But now that I have been living here in USA since 2012(April) and in will complete 5 years of continuous residency in 2017(April).

Will I be eligible to apply for citizenship in Jan/Feb-2017 or do I have to wait until April 2017 or further?

Thanks

Well, they never "questioned" you because you did NOT spend more than 6 months at a time out of the country. It's totally ok to be gone for a month, twice, within the last 5 years. You won't have any problems.

Hi,

You are getting me wrong..

In 2010 and 2011 I was in USA just for a month-30 days. I was living outside (India) rest of the time. I spend almost 11 months at a time out of USA and was still never questioned at immigrations.

You said one month and then you weren't never asked why you spent more than 6 months outside of the States. Something is missing here

Hi,

I just spend one month in 2010 and 2011.

I was never questioned at immigration upon my arrival in USA why i have not been staying in USA and spending time more than 6 months outside USA.

My case: I got my green card in 2010'March. So as per the 5 year rule I am currently eligible to apply for Citizenship.

During these 5 years the mention below is the time I spend in USA.

*2010- 1 month(30 days) March'10 to April'10 - I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

*2011- 1 month(30 days) March'11 to April'11 -I was never questioned at immigration's as to why i spent longer than 6 months outside USA probably bec i came back within a year.

*2012'March to 2015(current)- 36 months continuously and I have not traveled outside USA.

Do you think I am eligible and my application will not be rejected as I had spent on a month in USA in 2010 & 2011? Or my continuous presence will be counted only from 2012 and I will need to wait for 2 more years?

You should indicate on the form that you didn't file taxes for that year. Attach a letter explaining why.

Even though you were a student in India, you were required to be residing in the US at the time and so you should have filed your taxes; however, under IRS rules, you are exempt from filing taxes because you were below the income threshold. Just make sure you don't confuse the reasons for not filing taxes... it should be because of the income threshold and not because you were living abroad.

Hi Jimmy.. Thx

Can you please advise where on my form should I indicate this as I don't see any space to mention comments ?

Also there is anywhere I can find a draft letter to USCIS? Do i just mention - i did not file bec of income threshold or I can even mention I was unemployed and did't have w2?

Hi Guys,

I got my GC in March 2010. At that time I was a student in India. Hence I did not file my taxes here in USA for 2010 as I had no income or w2.

I am currently filling N400 form , where it asking me if i had filed taxes for last 5 years.

Any suggestions - Wt should i do? Do i just submit my last 4 years of tax records? or I can file now ?

Thanks,

Surd!