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Falcon1

Eligible for naturalization?

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Filed: Timeline

Hello everyone,

I would like to apply for naturalization as soon as possible, but am concerned that I may not be eligible to do so until Jan 5, 2010. You advice and help would be greatly appreciated!

Here my situation:

- issue date on Green Card states Sep 16, 2003

- I traveled to the U.S. at this date for the first time under permanent resident status. However, I did not physically move to the U.S. at this time, but returned to my home country shortly after where I lived and worked until Jan 5, 2005.

- In the time between Sep 16, 2003 and Jan 5, 2005 I traveled to the U.S. several times to retain my permanent resident status and to prepare my final immigration. During this time I never stayed outside the U.S. for more than 180 days in a row.

- Since Jan 5, 2005 I have lived and have been working in the U.S. ever since and have not left the U.S. for more than 180 days in a row.

- Since Sep 16, 2003, I stayed outside of the U.S for a total of 648 days.

Am I eligible for naturalization given my circumstances above?

What worries me is that the time between Sep 16, 2003 and Jan 5, 2005 may not be counted towards the continuous residency requirement and/or that this may raise a red flag for the immigration officer since I was not supposed to continue to live and work in my home country after becoming a permanent resident in the U.S.. And I would have to list my address in my home country and my employer in my home country in the application at this time as I do not want to wait with my application until Jan 5, 2010, which is the time when I have been physically present in the U.S. for 5 years.

On the other hand, in the naturalization guide it is stated that you can apply up to 90 days before you have fulfilled the 5 year continuous residency requirement. This would mean that even if the immigration officer does not count the time between Sep 16, 2003 and Jan 5, 2005 towards the continuous residency requirement, I would still be fine and could apply immediately. And I do not think that I am the only one who took 1 1/2 years to prepare my immigration.

Thanks in advance for your advice!

Regards,

Max

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Filed: Other Timeline

Max,

given your excessive absence of 648 days (almost 2 years) from the US, I, it is only fair to conclude hat you abandoned your residency. You are only a part time resident, really.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Timeline
Max,

given your excessive absence of 648 days (almost 2 years) from the US, I, it is only fair to conclude hat you abandoned your residency. You are only a part time resident, really.

Just Bob,

Thank you for your response.

The biggest portion of these 648 days I spent outside the U.S. (431 days) during the period between Sep 16, 2003 and Jan 5, 2005 for the reason stated in my original posting. The rest of the days outside of the country were business trips and three 2 week vacations. I would not think that I have abondoned my permanent residency for this reason after Jan 5, 2005 (maybe someone could conclude this for the time between Sep 16, 2003 and Jan 5, 2005). What do you think?

Thanks again.

Max

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