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apply for citizenship via family naturalization

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Can you apply for citizenship based on your family being qualified for citizenship if you are a green card holder above 21 years but have only resided in USA for two years consecutive but have been visiting USA every year

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Can you apply for citizenship based on your family being qualified for citizenship if you are a green card holder above 21 years but have only resided in USA for two years consecutive but have been visiting USA every year

No. Why would you ?

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Your family has nothing to do with your application. You can apply for naturalization after you've been a permanent resident for five years provided that you meet the physical presence and continuous residence requirements outlined in chapters 3 and 4 in the policy manual:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD.html


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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It's been five years since I got my residency permit but the first three years I have been traveling for education purposes and have stayed only for a couple of months within USA . I had the travel passport issued by the government. But now I am physically in USA since two years. Do those few months of the first three years count as part of your naturalization process????

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hi

of course, citizenship is optional, if you would have lived here the whole 5 years, then you would have been eligible to file for citizenship, you decided not to, so you don't qualify

citizenship is individual and not an obligation

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Your family has nothing to do with your application. You can apply for naturalization after you've been a permanent resident for five years provided that you meet the physical presence and continuous residence requirements outlined in chapters 3 and 4 in the policy manual:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD.html

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You could apply but when they review your residence pattern the most probable outcome would be to have your green card taken away

This is possible but is extremely unlikely unless the OP spent more than 1 year outside the US without a reentry permit. Even then, it is not likely that they would take the green card away.

For permenant residency we had applied as a family but for citizenship we got to apply as individuals??

Correct.

It's been five years since I got my residency permit but the first three years I have been traveling for education purposes and have stayed only for a couple of months within USA . I had the travel passport issued by the government. But now I am physically in USA since two years. Do those few months of the first three years count as part of your naturalization process????

You need to add up all the days and see if you meet the requirements. If you stayed out of the US for more than 6 months at a time, then that may reset your clock. To be perfectly safe, you should wait 4 years and 1 day from the day you moved back to the US, but you MAY be able to apply earlier.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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For permenant residency we had applied as a family but for citizenship we got to apply as individuals??

Two completely different processes. Immigration is one thing. US citizenship is another. Why would you expect the rules to be the same?

When a parent becomes a USC, children can get derivative citizenships under the Child Citizenship Act.

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you haven't been living in the US, you have been using for green card for visiting purposes. It is a requirement that you live here and not abroad, getting an education isn't an excuse. With the amount of time you have spent outside the US your green card will most likely be revoked at this point



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you haven't been living in the US, you have been using for green card for visiting purposes. It is a requirement that you live here and not abroad, getting an education isn't an excuse. With the amount of time you have spent outside the US your green card will most likely be revoked at this point

Unless he had re-entry permits.

If he didn't have re-entry permits, then your reading of the rules is absolutely right, but based on many cases on VJ, USCIS is very reluctant to take away green cards of people who have since settled in the US. They seem more willing to do this for people who are still living abroad... and yes, believe it or not, some people file N400s having only spent a few days in the US in the last 5 years.

To the OP; there's a risk of losing your green card but it depends on your travel pattern. There was one case on here last year where someone was naturalizes even though they had spent a long time abroad for education... But each case is different and it'll depend on your travel pattern.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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