when should i apply for the naturalization?

[ahmed.elghnam 0]

I received the green card at August 2015, i was travelling to USA every 6 months for the 1st 2 years ( EXCEPT 2 TIMES, one time stayed around 9 months outside USA ). because of my Phd study.

the last travel, I stayed 10 months before entering USA then stayed in USA since October 2017.

next August 2020, it will be continuous 34 months in the 1 st 5 years after having the green card.   

Should i apply for citizenship next August?

[aaron2020 11,651]

Hi,

 

Google "US citizenship calculator" and enter your specific dates.

 

Best of luck.

[Neickers 46]

3 hours ago, ahmed.elghnam said:

I received the green card at August 2015, i was travelling to USA every 6 months for the 1st 2 years ( EXCEPT 2 TIMES, one time stayed around 9 months outside USA ). because of my Phd study.

the last travel, I stayed 10 months before entering USA then stayed in USA since October 2017.

next August 2020, it will be continuous 34 months in the 1 st 5 years after having the green card.   

Should i apply for citizenship next August?

You are good to go. I would say you can apply now. My greencard was June 2015 I sent in my N400 April.

[Neickers 46]

3 hours ago, ahmed.elghnam said:

I received the green card at August 2015, i was travelling to USA every 6 months for the 1st 2 years ( EXCEPT 2 TIMES, one time stayed around 9 months outside USA ). because of my Phd study.

the last travel, I stayed 10 months before entering USA then stayed in USA since October 2017.

next August 2020, it will be continuous 34 months in the 1 st 5 years after having the green card.   

Should i apply for citizenship next August?

You have completed more than 30 months physical residency within the 5 years so go for it. Do it online, much smoother process and will also let you know of any discrepancies.

Edited June 10, 2020 by Neickers

[xyz12345 260]

3 hours ago, ahmed.elghnam said:

I received the green card at August 2015, i was travelling to USA every 6 months for the 1st 2 years ( EXCEPT 2 TIMES, one time stayed around 9 months outside USA ). because of my Phd study.

the last travel, I stayed 10 months before entering USA then stayed in USA since October 2017.

next August 2020, it will be continuous 34 months in the 1 st 5 years after having the green card.   

Should i apply for citizenship next August?

You have to meet both the continuous residence and physical presence requirements for N-400.

 

For 5-yr residency based N-400 applications, you need to reside in the US for at least 30 months and the months don't have to be continuous. You have satisfied that requirement.

 

 

For continuous residence though, check the following:

 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

Quote

 

Continuous residence means that the applicant has maintained residence within the United States for the required period of time shown above.

 

Extended absences outside of the U.S. may disrupt an applicant’s continuous residence.

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

 

 

If you can prove that those 9-month and 10-month absences don't disrupt your continuous residence, then you can apply within 90 days of your 5th yr GC anniversary. If not, earliest application is within 6 months prior to Oct 2022 GC anniversary.

[ahmed.elghnam 0]

1 hour ago, xyz12345 said:

You have to meet both the continuous residence and physical presence requirements for N-400.

 

For 5-yr residency based N-400 applications, you need to reside in the US for at least 30 months and the months don't have to be continuous. You have satisfied that requirement.

 

 

For continuous residence though, check the following:

 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

If you can prove that those 9-month and 10-month absences don't disrupt your continuous residence, then you can apply within 90 days of your 5th yr GC anniversary. If not, earliest application is within 6 months prior to Oct 2022 GC anniversary.

I can get my bank account during the period of 1st 2 years and get letter from the university that i was studying the Phd during the same period.

Do you think that this is enough? or what do you recommend? 

[Zaidba 39]

2 hours ago, ahmed.elghnam said:

I can get my bank account during the period of 1st 2 years and get letter from the university that i was studying the Phd during the same period.

Do you think that this is enough? or what do you recommend? 

I was in a similar situation and consulted 2 lawyers and both said that I have a slim chance to be approved because I was working outside the US during my absence for 9 months. I told them that I kept a residence, family, bank account, and credit cards in the US during my absence, but their opinion was based on the fact that I was working outside the US. Therefore, I decided to wait until I complete 5 years from the date of my return to the US.

However, If you don't mind the application fee, then it is worth trying, but If you do not want to pay the fee again in case you are denied the first time then just wait. 

Edited June 10, 2020 by Zaidba

[xyz12345 260]

Standard pieces of evidence acc to https://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

 

The applicant must not have broken the continuity of U.S. residence. Continuity is absolutely broken by a 1 year continuous absence and presumably broken by a 6-month continuous absence. That presumption can be overcome only where there is very strong evidence the absence was intended to be temporary only. Key evidence includes but is not limited to evidence that: (a) the applicant did not terminate his or her employment in the U.S.; (b) the applicant’s immediate family remained in the U.S.; (c) the applicant retained full access to his or her U.S. abode; or (d) The applicant did not obtain employment while abroad.

 

or here:https://www.ilrc.org/sites/default/files/resources/continuous_residence_practice_advisory_final.pdf

 

 

If you're a student who didn't get a job overseas and is supported by US funds and filed US taxes, then you should be fine. Being a student is definitely temporary -- just my opinions though. I would think a school transcript or diploma may work too.

 

Edited June 11, 2020 by xyz12345

[xyz12345 260]

Hard to find examples but here are two with one approved and one denied:

http://myattorneyusa.com/continuity-of-residence-requirement-for-naturalization

 

In Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007) [PDF version], a federal district court held that an LPR who had filed for naturalization, and who then departed the United States for more than six months but less than one year to study abroad in Canada, had maintained the continuity of her residence. The District Court was clear that a determination of whether an interruption of permanent residence occurs in a case where an applicant for naturalization goes to study in Canada will be fact-specific and depend on an analysis under the factors listed in 8 C.F.R. 316.5(c)(1)(i).

 

In Alvear v. Kirk, 87 F.Supp.2d 1241 (D.N.M. 2000) [PDF version], a federal district court held that a naturalization applicant failed to meet the continuous residence requirement where he had been absent for more than six months but less than one year and where he failed to present evidence that he had maintained a place of general abode in the United States throughout the five-year period. This is a significant decision because it focuses on the point that, where an applicant is abroad for more than six months but less than one year, the burden is on the applicant to demonstrate that he or she maintained the continuity of residence for the statutory period.

 

 

Like what was said earlier, you can apply this year and rebut the break in continuous residence if you don't mind the applic fee.

Edited June 11, 2020 by xyz12345

[ahmed.elghnam 0]

4 hours ago, xyz12345 said:

Hard to find examples but here are two with one approved and one denied:

http://myattorneyusa.com/continuity-of-residence-requirement-for-naturalization

 

In Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007) [PDF version], a federal district court held that an LPR who had filed for naturalization, and who then departed the United States for more than six months but less than one year to study abroad in Canada, had maintained the continuity of her residence. The District Court was clear that a determination of whether an interruption of permanent residence occurs in a case where an applicant for naturalization goes to study in Canada will be fact-specific and depend on an analysis under the factors listed in 8 C.F.R. 316.5(c)(1)(i).

 

In Alvear v. Kirk, 87 F.Supp.2d 1241 (D.N.M. 2000) [PDF version], a federal district court held that a naturalization applicant failed to meet the continuous residence requirement where he had been absent for more than six months but less than one year and where he failed to present evidence that he had maintained a place of general abode in the United States throughout the five-year period. This is a significant decision because it focuses on the point that, where an applicant is abroad for more than six months but less than one year, the burden is on the applicant to demonstrate that he or she maintained the continuity of residence for the statutory period.

 

 

Like what was said earlier, you can apply this year and rebut the break in continuous residence if you don't mind the applic fee.

I think this looks clear. because i can only get proof for the the bank account and proof from the faculty but i can't get proof of job or house ... etc

I think i should wait and be more patient until i finish regular continuous 5 years. 

Thank you very much for your time for answering my question and effort to provide that wealth of knowledge 

[Mounat02 63]

46 minutes ago, ahmed.elghnam said:

I think i should wait and be more patient until i finish regular continuous 5 years.

Or just apply, if you can afford it. The most you will lose is the application fee. What do they say in in the middle east? "yalla"

[xyz12345 260]

7 hours ago, ahmed.elghnam said:

I think this looks clear. because i can only get proof for the the bank account and proof from the faculty but i can't get proof of job or house ... etc

I think i should wait and be more patient until i finish regular continuous 5 years. 

Thank you very much for your time for answering my question and effort to provide that wealth of knowledge 

 

Five years after arrival from last 6+ (and <1yr) absence is Oct 2022. I don't think you have to wait until then to apply for citizenship.

 

If you do not have anymore 6+ month absences, you are officially eligible to apply for naturalization 4 years, 6 months and 1 day after your last 6+ month (and <1 yr) entry. However to save you some headache, submit your application at least 1 or 2 days after eligibility. In your case, your eligibility would be sometime in Apr 2022. If you really want to be safe, apply in May 2022. In your 1st year of travel history (the period that overlaps the 10-month absence), you'll have less than 6 months absence.

 

If I were you, I'll get a sample N-400 form and fill it up as you go (and save traffic citations as you go) so you can refer to your copy when it's time to submit your application online.

 

Good luck!

Edited June 11, 2020 by xyz12345