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Farik

Am I still eligible after two over 6 moth stays?

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Please help me as I want to apply for US citzenship. I have been a green card holder since May 06, 2010.

I was sick and I couldn't come to the US. In September 2012 I came and I got a re-entry permit and I left, and I came back. So can I still apply for citizenship with two over 6 month stays? And when can I apply? Can I apply now or should I wait and apply in August 2015 to satisfy 30 month in the U.S.? Or can I apply now before 90 days?

Left US - Returned to US

5/30/2010 - 8/17/2010 (79 days)

6/5/2011 - 9/11/2011 (98)

12/26/2011 - 9/15/2012 (264)

10/12/2012 - 9/25/2013 (348)

2/23/2014 - 7/16/2014 (143)

Thanks.

Edited by Farik

F-2A Visa

PD: Sep 08, 2011

2011-09-04: I-130 Sent
2011-09-08: I-130 NOA1
2012-04-25: I-130 Approved

2012-05-29: NVC Received
2013-01-31: Received DS-3032
2013-01-31: Received AOS Bill
2013-02-06: Pay AOS Bill
2013-02-01: Return DS-3032
2013-02-14: Received IV Bill
2013-02-15: Pay IV Bill

2013-05-12: Sent IV Package

2013-12-17: Sent AOS Package

2014-02-17: Case Completed

2014-04-08: Interview APPROVED :dancing: :dancing: :dancing: (L)

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Good luck! Your concern with the USCIS is "continuous residency" in the USA. Any visit outside the USA for more than 6 months is probably going to require a good "excuse," or explanation. You have listed 2 visits outside the USA for more than 6 months and there are others... Best of luck!

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Please help me as I want to apply for US citzenship. I have been a green card holder since May 06, 2010.

I was sick and I couldn't come to the US. In September 2012 I came and I got a re-entry permit and I left, and I came back. So can I still apply for citizenship with two over 6 month stays? And when can I apply? Can I apply now or should I wait and apply in August 2015 to satisfy 30 month in the U.S.? Or can I apply now before 90 days?

Left US - Returned to US

5/30/2010 - 8/17/2010 (79 days)

6/5/2011 - 9/11/2011 (98)

12/26/2011 - 9/15/2012 (264)

10/12/2012 - 9/25/2013 (348)

2/23/2014 - 7/16/2014 (143)

Thanks.

Short answer : no you are not eligible. As far as I can see ,

Extended absences outside of the U.S. may disrupt an applicants continuous residence.

Absences of more than six months but less than one year may disrupt an applicants continuous residence unless the applicant can prove otherwise, (see legal basis)

Absences in excess of one year or more may disrupt an applicants continuous residence, (see legal basis)

Physical Presence

Applicants are required to show that they were:

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

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It looks like you had lived outside of the USA most of the time.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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You are not eligible to apply at this time given your continuous extended travels outside the country. There is no definitive rule that says travels under 6 months will not always break your continuous residency.

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Short answer : no you are not eligible. As far as I can see ,

Extended absences outside of the U.S. may disrupt an applicants continuous residence.

Absences of more than six months but less than one year may disrupt an applicants continuous residence unless the applicant can prove otherwise, (see legal basis)

Absences in excess of one year or more may disrupt an applicants continuous residence, (see legal basis)

Physical Presence

Applicants are required to show that they were:

Physically present in the U.S. for thirty months within the five year period before applying, or (see legal basis)

Physically present in the U.S. for eighteen months within the three year period before applying in the case of qualified spouses of U.S. citizens (see legal basis)

If I am not eligible to apply now then when am I eligible to apply?

Does the 4 year plus 1 day apply on my case?

Maybe I can apply on September 2017, after 4 year and 1 day?

If you could explain I would appreciate your help.


F-2A Visa

PD: Sep 08, 2011

2011-09-04: I-130 Sent
2011-09-08: I-130 NOA1
2012-04-25: I-130 Approved

2012-05-29: NVC Received
2013-01-31: Received DS-3032
2013-01-31: Received AOS Bill
2013-02-06: Pay AOS Bill
2013-02-01: Return DS-3032
2013-02-14: Received IV Bill
2013-02-15: Pay IV Bill

2013-05-12: Sent IV Package

2013-12-17: Sent AOS Package

2014-02-17: Case Completed

2014-04-08: Interview APPROVED :dancing: :dancing: :dancing: (L)

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If I am not eligible to apply now then when am I eligible to apply?

Does the 4 year plus 1 day apply on my case?

Maybe I can apply on September 2017, after 4 year and 1 day?

If you could explain I would appreciate your help.

.

I don't know what four year plus 1 day rule are you referring to. But in order to apply for citizenship, you have to live here continuously for 3 years out of the past 5 years. You are definitely NOT eligible to apply in 2017 if you have not satisfied your residency requirement. Furthermore , if you reapply reentry permit , it could be denied because you've already had 3 years on the reentry permit. USCIS , I guess doesn't like people to take advantages of US citizenship( what advantages do they have anyway ?! It's not a welfare state ) or enjoy the convenience of US passport if you don't even intend to live here. My suggestions is that live here for 5 years and apply for citizenship.

If I am not eligible to apply now then when am I eligible to apply?

Does the 4 year plus 1 day apply on my case?

Maybe I can apply on September 2017, after 4 year and 1 day?

If you could explain I would appreciate your help.

. How many days have you been out of the country since July 2014 ?

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If I am not eligible to apply now then when am I eligible to apply?

Does the 4 year plus 1 day apply on my case?

Maybe I can apply on September 2017, after 4 year and 1 day?

If you could explain I would appreciate your help.

[/quote

The 4+1 rule only applies if you spent a full year in the US before you broke continuous residency. I don't think that's the case for you. So you need to wait 5 years. You need to move to the US and stop taking long trips. You will not be approved unless you can demonstrate that you are living here and taking short vacations abroad. Not loving abroad snd taking short vacations here.

You MAY be able to apply in 2018 but there's a good chance that your application will be denied because the interviewer may determine that your 143 day trip means that you didn't move back until 2014. Your best course of action is to apply in 2019.

You should also understand that you are at risk of losing your green card if it is determined that you are not residing in the US.


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

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.

I don't know what four year plus 1 day rule are you referring to. But in order to apply for citizenship, you have to live here continuously for 3 years out of the past 5 years. You are definitely NOT eligible to apply in 2017 if you have not satisfied your residency requirement. Furthermore , if you reapply reentry permit , it could be denied because you've already had 3 years on the reentry permit. USCIS , I guess doesn't like people to take advantages of US citizenship( what advantages do they have anyway ?! It's not a welfare state ) or enjoy the convenience of US passport if you don't even intend to live here. My suggestions is that live here for 5 years and apply for citizenship.

. How many days have you been out of the country since July 2014 ?

If you lived in the US for a full year before you broke continuous residency, USCIS allows you to count that year towards your citizenship when you return to the U.S. provided that you do not abandon your green card by staying away too long.

In these cases, you can apply 4 years and one day or 2 years and one day (instead of 5 years or 3 years) after uour return to the U.S.

People call these the 4+1 or 2+1 rules.


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

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