Timing of Eligibility for Naturalization

[boondockrover 0]

Hello everyone,

 

I would appreciate some advice of my current situation. My green card is about to expire on 10/2019 and I needed help in determining whether I should apply for naturalization or renew my green card. I have had my green card since 10/2008 but I went to college abroad from 07/2009 - 09/2015. All of my trips outside of the US have been between 6 months-12 months and never more than 12 months. When I came back to the US in 09/2015 I haven't taken any trips outside for more than a couple weeks at a time. 

 

A couple of questions:

1) I had spoken to a immigration attorney in 1/2016 regarding the time to apply for naturalization. She advised that I should count 5 years from 09/2015 and basically apply for naturalization in 09/2020. She said that since my trips outside had been for more than 6 months the USCIS can make a "rebuttable" presumption that I have abandoned my green card status and that I would have to show evidence of ties in the U.S. (my parents were here then, I basically only went to school outside of the US and was not employed there etc.). She also said that this is a lengthy battle to keep my green card and I shouldnt risk USCIS looking into the matter. Since I have been in the US continuously since the last 30 months, can I apply to N-400 for naturalization and take this risk now? The problem is my green card will expire in 10/2019, way before 09/2020.

 

2) The other option is to just renew my green card through filling form I-90. Would my travel history be an issue for renewing my green card? I dont want to be denied renewal for green card and I heard USCIS is lenient for travel history related to green card renewals. I have no other issues (arrest, taxes, etc.) How often do green card renewals get denied due to travel outside of the US between 6 months to 12 months at a time?

 

I would appreciate advise in the matter. 

 

Thank You.

 

[Alabamak1 688]

you are eligible for naturalization if you qualify under the 30 months of residency.  either way they already know that you have left the country. IMO i would apply for naturalization anyhow. You seem to have a reasonable excuse for the absences. Either way you are not going to get citizenship before your GC expires, so that will have to happen anyways (renewing your GC)

Edited January 21, 2019 by Alabamak1

[Hypnos 6,576]

1) The lawyer you spoke to was correct. Trips of 6-12 months can be considered to have broken the continuous residence requirement to be able to file for naturalisation, though you can attempt to rebut this presumption. It's up to you whether you think you have enough proof of being able to show your principle residence was still in the US despite being overseas for a majority of the time in during those six years.

 

2) Green card renewals through an I-90 are mostly an administrative matter, like renewing a driver's license. It's unlikely you would have any issues as a result of filing an I-90.

Edited January 21, 2019 by Hypnos

[Deco20 7]

I'm kinda in the same boat. I got my 10 year GC in 09/2015, though had to leave to my home country to finish my last year of university and came back in 06/2016, with a couple of trips to the US in between. I've been living continuously in the US ever since except for short vacations (<1 month). I'm wondering if I can file for citizenship in 06/2020? The calculator on USCIS says yes.