When should the neutralization application submit?

[mmju1 0]

My daughter landed the US on 1July 2017.  However, she was in and out of the USA in the past five years, as she needed to finish her high school in 2019 June and started college in the USA in 2019 Fall.

 

Periods of stay in the USA from 2017:

• July 2017 to Aug 2017: 2 months, left and back within 11 months
• July 2018 to Aug 2018: 1 month, left and back within 6 months
• Feb 2019: 2 weeks, left and back within 6 months
• Jun 2019 to March 2020: 10 months
• Sept 2020 and stay for studying college till now: 24 months

 

In the past 5 years, she had stayed in the USA for over 30 months, but when should we start the counting of "5 years"? As she is the beneficiary and the petitioner, her dad, had stayed in the USA since July 2017 and is ready to submit the application for neutralization.   

 

Please advise.  Thanks in advance.

[Mike E 11,725]

9 hours ago, mmju1 said:

• July 2017 to Aug 2017: 2 months, left and back within 11 months
• July 2018 to

she was absent 13 months from the USA and so broke continuous residence for purposes of naturalization.  Assuming she didn’t break continuous residency on her future absences, she can file 5 years after   she returned to the USA in July 2018, less 180 days. 

9 hours ago, mmju1 said:

 

• Aug 2018: 1 month, left and back within 6 months
• Feb 2019: 2 weeks, left and back within 6 months

6 months or 181 days or more? If the latter she broke continuous residency. 

9 hours ago, mmju1 said:

• Jun 2019 to March 2020: 10 months
• Sept 2020 and stay for

so she was out of the USA from March 2020 to Sept 2020. If this was 181 days or more then she broke continuous residency.   

9 hours ago, mmju1 said:

 

• studying college till now: 24 months

The key is how long each “6 month” absence was from the USA. If any absence was 180 continuous days or less then she is probably fine.  
 

Any absences of 181 days or more are presumed to break continuous residency.

 

It is possible to still naturalize but the applicant has to convince USCIS there was no intention to abandon LPR status.  

 

Staying out of the USA to finish  high school doesn’t seem like a compelling reason to me.  

[Villanelle 4,121]

Loving the auto correct title. Neutralization.  LOL. 

[da95826 387]

On 8/14/2022 at 8:48 PM, mmju1 said:

In the past 5 years, she had stayed in the USA for over 30 months, but when should we start the counting of "5 years"?

The best way to calculate this is to start counting the days accrued in the USA after the point they last returned to the USA after being out of the USA for more than 180 days. So count 30 months after the return date of that last trip of more than 180 days then they could apply for the n400 then.