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immoo2001

Is year count?

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50 minutes ago, immoo2001 said:

I have got green card in Jan 2016, I left back USA in Feb 2016 than I again came in Aug 2016 (before six month), is 2016 count in my citizenship filing,? I have yo complete 5 year of Green Card!

 

Thanks in advance!

Not sure what "have yo complete 5 year of Green Card" means.

 

Anyway when you file an N-400 to naturalize,

 

  • You must document every trip taken outside the USA for the past 60 calendar months.
  • Every trip must have been for less than 6 calendar months
  • The total time spent outside the USA must not exceed 30 calendar months

Thus, without knowing the rest of your travel history since Jan 2016, my opinion and experience (as a naturalized USC who traveled a lot) is that that in October 2020, you can submit an N-400.

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Thank you so much for your quick reply!

 

Not sure what "have yo complete 5 year of Green Card" means.

In my case 5 year rule apply

 

For your expert Opinion let me give you my Travel Dates starting from Jan 01 2016

 

image.png.918b39ace37e2b47c35b4823cbe27aa3.png

 

Now Question is Year 2016 and 2017 will count?? if yes when should window will open for apply N400?

 

Thanks

 

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Posted (edited)
13 minutes ago, immoo2001 said:

 

 

For your expert Opinion let me give you my Travel Dates starting from Jan 01 2016

 

image.png.918b39ace37e2b47c35b4823cbe27aa3.png

 

Now Question is Year 2016 and 2017 will count?? if yes when should window will open for apply N400?

 

Thanks

 

Again, calendar years are not what counts. What counts are calendar months in the USA.

 

In chronological order, I see  up to 6 months,  and up to 5 months each 3 more trips. Rounding up, I see 6 + 3 * 15 = 21 months out of to date 3 * 12 + 4 = 40 months of residency.

 

Thus today  you are below the required physical presence in the USA ratio to naturalize.  Accumulate 9 more months outside the USA, and you cannot naturalize.  

 

The window to apply to naturalize is 5 years from the date you became an LPR minus 90 days. During that period of time (from the day you became an LPR to the day you send in your N-400) if you have more than 30 months outside the USA, you cannot naturalize. Between the day of your N-400 interview and 5 years prior, you must have spent 30 months in the USA.

 

Between the day of your oath ceremony and 5 years prior, you must have spent 30 months in the USA.

 

 

Edited by Mike E

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Posted (edited)
7 hours ago, immoo2001 said:

Thank you so much for your quick reply!

 

Not sure what "have yo complete 5 year of Green Card" means.

In my case 5 year rule apply

 

For your expert Opinion let me give you my Travel Dates starting from Jan 01 2016

 

image.png.918b39ace37e2b47c35b4823cbe27aa3.png

 

Now Question is Year 2016 and 2017 will count?? if yes when should window will open for apply N400?

 

Thanks

 

you have to complete 30 months means 30x30=900 days in five years in which you should not stay out of USA for  more than six months otherwise previous months will be expired. according to your chart you on spend three or months in usa from jan 2016 to aug 2017

Edited by zoofi

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Posted (edited)
22 hours ago, immoo2001 said:

Can you please define one more time required physical presence in the USA ratio to naturalize?

50% or more. You are well under 50 right now: (40 - 21) = 19. 19 / 40 = 47.5%

 

BTW, I don't think you will pass the English proficiency part of the interview. There should be free ESL classes where you reside in the USA. Stay home for the next 20 months and go to class.

Edited by Mike E

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I think I understand the original question. The question is - if during the last 60 months the person have resided in the US for 30 months or more, but the initial date of those 60 months falls in the middle of a stay abroad - can this period of time be used to qualify for naturalization. Or must the initial date of the 60 month qualifying period occur during the time the person is in the US. 

 

In this case it makes a difference of waiting 2 months (until accumulating 30 months in the US) and waiting longer (until accumulating 30 months in the US and also so that the 60 months ago would fall on a time when the person is in the US).

 

IANAL, YMMV, but nothing in the rules says the initial date of the 60 month (5 year) period must be in any particular place. It talks only about cumulative time spent in the US and outside.

 

That said, given your residency history and the fact that USCIS has quite a bit of discretion in these decisions (and also given some of the reports of other applicants from Pakistan, which tends to get quite a bit more scrutiny) I would try to err on the side of caution. Consider, that if your application gets stuck in the "background check land" for a few years, you'll have to spend a lot more time here to continue maintaining residence. 

 

 

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