Help with citizenship application

[ext 0]

I have got a big problem here not sure what to do.

I have a green card, and for the last 5 years I did everything to stay at least 30 months in the US - I read that in order to get the US citizenship you need that in the last 5 years to:

1) spend at least half time (30 months) in the US

2) never leave the US for more than 6 months

I have never stayed abroad for 6 months or more, but have stayed 4-5 months several times. Total time is nearing 30 months however,

On my last admission the airport officer asked me how long I was abroad, and when I told him, he said I have no chance to obtain my citizenship if I stayed that long abroad.

So what is the truth? Do I have a chance or not? I don't want to apply waste time and money if I have no chance.

I am a honest person, never had any problems here, not a single traffic ticket, not a problem with the law whatsoever, I speak fluent English, my family lives in the US and are alll US citizens.

What should I do?

Thanks a lot!

Edited July 19, 2014 by ext

[Dohan 133]

The rule is no more than 6 months at a time. So, 4-5 months is acceptable. Whenever the absence is more than 6 months it has to be documented and explained. For example you were away for 6 months for family reasons, so you need to provide what that reason was. But I don't think you fall into that category.

However, remember that they will look at your ENITRE immigration history from the moment you came into the country. So make sure that everything else is in order, that you can demonstrate that you have established yourself here in the US. You are working, or studying, renting an apartment, etc.

[Darth Vader Kuu 5]

Replying to ext:

1) You do not have a big problem. If everything you've described above is correct, and there are no potential barriers in your application or immigration history such as crimes of moral turpitude, than it would seem that you have so far established eligibility to naturalise as a United States citizen

2) The immigration officer at your last port of entry does not have authority to decide your naturalisation eligibility and probably is not even familiar enough with the eligibility standards and how they are applied to arrive at such a bold and misleading conclusion

3) Even if you did have trips lasting over six months (which you should always avoid as much as possible since your residency is in this country), documentation of legitimate reasons (schooling, working abroad with a US company, visiting/caring for non-US resident relatives, etcetera) are accepted as long as you continue to satisfy other aspects of the physical presence and continuous residence requirements

4) Google "USCIS + 913 + physical presence" and read the first three paragraphs of the USCIS link that comes up. Once you have read it, you will see indeed that you do not have a "big problem."

Good luck!

[ext 0]

Thanks for the quick replies

I spent about 3 years in the US, then I returned to native country to finish studies. I have original degrees (MA and BA), notarized copies, apostiles and translations. When I got back to the States, I wanted to apply for citizenship but decided not to, since I spent more than 6 months away. Are you telling me I could have successfully applied?

After I finished studies I came back to the US, sent the degrees to be evaluated in the US, got my MA and BA US equivalent with near perfect GPA. After that, only one time I stayed away for fore than 6 months.

I think total time I spent in the US since I got my green card is way over 30 months (it's actually over 50 months).

Within the last 5 years only, I don't have 30 months yet, but will soon.

What should I do? Wait to reach 30 months and apply? Apply now?

Edited July 19, 2014 by ext

[Darth Vader Kuu 5]

I never said accummulating less than 30 months of physical presence in the United States during the statutory period could be surmounted when eventually applying for naturalisation. As long as you are applying based on US residency of five years, you clearly need to accummulate at least 50% of those five years (30 months or a minimum of 913 days) physically present in the United States; if you have not accummulated at least 50% of that time yet then you need to delay your naturalisation application till you do.

[JimmyHou 610]

Thanks for the quick replies

I spent about 3 years in the US, then I returned to native country to finish studies. I have original degrees (MA and BA), notarized copies, apostiles and translations. When I got back to the States, I wanted to apply for citizenship but decided not to, since I spent more than 6 months away. Are you telling me I could have successfully applied?

After I finished studies I came back to the US, sent the degrees to be evaluated in the US, got my MA and BA US equivalent with near perfect GPA. After that, only one time I stayed away for fore than 6 months.

I think total time I spent in the US since I got my green card is way over 30 months (it's actually over 50 months).

Within the last 5 years only, I don't have 30 months yet, but will soon.

What should I do? Wait to reach 30 months and apply? Apply now?

The last reply from Darth Vader Kuu is completely correct. You need to have at least 30 months (913 days actually, I think, but you should check this) in the US during the five years leading up to your application ("the statutory period up to the date of filing") if you are applying based on five years of residency. You have to have reached this point at the time you apply. If you haven't reached that point, you have to wait until you've met the physical presence requirement.

Here's the relevant section of the USCIS policy manual:

An applicant for naturalization is generally required to have been physically present in the United States for at least half the time for which his or her continuous residence is required. Applicants for naturalization under INA 316(a) are required to demonstrate physical presence in the United States for at least 30 months (at least 913 days) before filing the application.[1]

Physical presence refers to the number of days the applicant must physically be present in the United States during the statutory period up to the date of filing for naturalization. The continuous residence[2] and physical presence requirements are interrelated but each must be satisfied for naturalization.

[ext 0]

I understand, but if I may ask, the 5 years that I spent abroad getting my BA and MA degrees, do those count or not? I made sure I entered the US every year for at least 1 month even when studying abroad.

If the time I spent abroad studying counts, then I would have the initial 3 years plus the 5 year school period, a total of 8 year continuous residency. Could I apply based on that period?

If one spends 5 years in the US but does not apply, then spends the next 5 years mostly abroad, can he/she still apply based on the first 5 years? It would make sense that he/she could, but USCIS only mentions the last 5 years. Confusing.

So many questions, sorry.

[ext 0]

Ok, thanks. It's clear now, even though I think if you already had 5 yrs of continuous residency you should be able to apply based on those and not have to get another 5, but I don't make the rules.

[JimmyHou 610]

I understand, but if I may ask, the 5 years that I spent abroad getting my BA and MA degrees, do those count or not? I made sure I entered the US every year for at least 1 month even when studying abroad.

If the time I spent abroad studying counts, then I would have the initial 3 years plus the 5 year school period, a total of 8 year continuous residency. Could I apply based on that period?

If one spends 5 years in the US but does not apply, then spends the next 5 years mostly abroad, can he/she still apply based on the first 5 years? It would make sense that he/she could, but USCIS only mentions the last 5 years. Confusing.

So many questions, sorry.

1) start with the day you want to apply

2) go back five years from that day

3) add up every day you were physically inside the US

4) those days have to add up to more than 30 months

If you were not physically in the US for at least 30 months over the last five years then you cannot apply at this time. The only exception I know of is if you were sent overseas because you or your spouse work for the US government or if one of you is active duty military. I don't think this applies to you.

To answer your other question, if you lived in the US for 10 years as a permanent resident without ever leaving for a day, then 5 years ago you started leaving for 4 months at a time and returning for one month, and as a result you were not physically present in the US for 30 months over the last 5 years, then you would not be able I apply at this time.

Also note, that the requirement is not 30 months, but a certain number of days... 913 I think, but I'm not sure.

[ext 0]

Thanks a lot for your help Darth Vader Kuu and JimmyHou

The pros:

- 30 month requirement ok (soon)

- no 6 month or longer trip within last 5 years

- no problems with law

- speak and write good English

- apartment contract in my name

- family in the US none of them caused problems

- family income ok

The cons

- long stays abroad 4-5 months, even 5 months and a half

- no steady job due to frequent trips - only part time poorly paid

I got really confused at my last admission with the officer saying I don't stand a chance. I have to admit he made a good point with my long stays abroad.

Hope everything will turn out ok.

Any comments, advice, anything else please feel free to comment.

Thanks again for your replies, great forum and great people here.

Good luck to you all.

Edited July 19, 2014 by ext

[Darth Vader Kuu 5]

You need to be familiar with the eligibility requirements for naturalisation which are basic and non-ambiguous: good moral character, continuous residency in the statutory period, physical presence, age of majority and not already a US citizen by virtue of citizenship of a parent. It's that simple and has nothing to do with your employment history, your trips abroad (provided they do not contradict the previously stated eligibility requirements) or the baseless musings of a random official at an airport.

Once you understand these fairly straightforward things, you will realise that this airport officer you spoke of did not make a "good point." To avoid doubt, why do you believe that the airport officer, in giving his opinion, made a good point?

[ext 0]

Well since you want to become a citizen, it's kind of implied you should not stay abroad that much...and you should have a steady job in the US. Just saying...

[JimmyHou 610]

Well since you want to become a citizen, it's kind of implied you should not stay abroad that much...and you should have a steady job in the US. Just saying...

That seems logical to me, but it isn't part of the requirements.

Sometimes the rules don't make sense and it makes your life more difficult.

Sometimes the rules don't make sense and it makes your life easier!

[Darth Vader Kuu 5]

To ext: actually, it's not kind of implied at all. The US government spells out its requirements for naturalisation fairly cogently. It's that simple. Just saying...

[raven52 233]

ext,

Newbie, so you have a significant time of stay in the USA.,.,and you ask questions, of the experts on this site (not me) should you show some respect to them and at least fill in your time line???