Jump to content
DebWa

Eligibility to apply for N-400

9 posts in this topic

Recommended Posts

I am wondering when my husband is eligible to apply for citizenship (I am a US citizen). He became an LPR the end of November 2011.

He was in the US from Nov 2011-June 2012 (6 months)

Out of the US from July 2012-Aug 2012 (2 months)

In the US for 1 month Sept 2012

Out of US from Oct 2012-April 2013 (6 months)

In the US for a couple weeks April 2013

Out of US from May 2013-Sept 2013 (4 1/2 months)

In US for 3 weeks Sept 2013

Back to US again Oct 2013 for biometrics for ROC

Out of US Oct 2013-May 2014 (7 months)

In the US for 1 month June 2014

Out of US July-Sept 2014 (3 months)

In the US since Oct 1, 2014 except for a 2 week trip.

I know that he broke his continuous residency, but was wondering how soon he can apply for citizenship. According to this page, he would be eligible in 2 years and 1 day from Oct 1, 2014. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"3. Eligibility after Break in Residence​

An applicant who is required to establish ​continuous​ residence for at least five years​ [14] and whose application for naturalization is denied for an absence of one year or longer​,​ may apply for naturalization four years and one day after returning to the United States to resume permanent residence.​ An applicant who is subject to the three-year continuous residence ​requirement​ [15] may apply two years and one day after returning to the United States to resume permanent residence.​ [16] "

Share this post


Link to post
Share on other sites

We were helping out at a church and mission. We did receive a monthly check (less than $500) which was written from the mission's US account and deposited into our US account. We still had a bank account, credit cards, car, and other possessions in the US.

Share this post


Link to post
Share on other sites

That's a lot of trips. Has he been pull over for secondary screening at any airport? US Officers take notice when someone travel frequently outside the US.

He has never had to go through secondary screening. He never had any problems coming back into the US. The only time that an officer even mentioned anything was the time that he was out for 7 months and he just told him that he should try to make sure that he's not out for more than 6 months at a time.

Edited by DebWa

Share this post


Link to post
Share on other sites

I am wondering when my husband is eligible to apply for citizenship (I am a US citizen). He became an LPR the end of November 2011.

He was in the US from Nov 2011-June 2012 (6 months)

Out of the US from July 2012-Aug 2012 (2 months)

In the US for 1 month Sept 2012

Out of US from Oct 2012-April 2013 (6 months)

In the US for a couple weeks April 2013

Out of US from May 2013-Sept 2013 (4 1/2 months)

In US for 3 weeks Sept 2013

Back to US again Oct 2013 for biometrics for ROC

Out of US Oct 2013-May 2014 (7 months)

In the US for 1 month June 2014

Out of US July-Sept 2014 (3 months)

In the US since Oct 1, 2014 except for a 2 week trip.

I know that he broke his continuous residency, but was wondering how soon he can apply for citizenship. According to this page, he would be eligible in 2 years and 1 day from Oct 1, 2014. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"3. Eligibility after Break in Residence​

An applicant who is required to establish ​continuous​ residence for at least five years​ [14] and whose application for naturalization is denied for an absence of one year or longer​,​ may apply for naturalization four years and one day after returning to the United States to resume permanent residence.​ An applicant who is subject to the three-year continuous residence ​requirement​ [15] may apply two years and one day after returning to the United States to resume permanent residence.​ [16] "

The 2 year + 1 day rule only applies if he spend a year in the US before breaking his residency... that's why the rule exists; it allows him to count that one year towards his residency. But based on the dates you provided, it looks like he needs to wait 3 years minus 90 days from Oct 1 2014.

Same thing applies to non-marriage based applicants except the numbers would be 4 years + 1 day and 5 years minus 90 days.


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

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×