Citizenship- Physical requirement

[adrift 1]

Hi Folks,

 

I have been permanent resident since 07/29/2014 as a spouse of US citizen. I was based in UK and we took some years to gradually move to states. So I was travelling back and forth for number of years (ensured that none of my visits were longer than 12 months and when I did, I got a re-entry permit before departing) - We have been filling our tax returns all these years as well. 

 

We made our move permanent back in Dec 2021 (13th Dec 2021 to be precise). I have been on short trips of couple of weeks since but nothing more than 2 weeks away so since Dec 2021 I have been mostly in states. As per my understanding, you need to be physically present 18 months in last 3 years (as a spouse of US citizen) - I think I have met that requirement now but I wonder if I need to wait till Dec this year so that when I apply, it will count that I was physically present in states back in Dec 2021. Whereas if I apply now, it goes back to Aug-21 when I was not physically present in states (although I would meet the 18 months physical requirement) - am I correct in my thinking or can I apply now? I received a letter from USCIS stating that I may be eligible now but not sure if that means anything. 

 

Also, do I need to provide all absences since becoming a permanent resident or only last 3 years? Please can someone clarify this for me? will be greatly appreciated. Thank you 

[OldUser 6,890]

5 hours ago, adrift said:

Also, do I need to provide all absences since becoming a permanent resident or only last 3 years? Please can someone clarify this for me? will be greatly appreciated. Thank you 

You only need to provide trips in the last 3 years if applying under 3 year rule. Note that officer will review entire immigration history and may ask you about prior to 3 year history.

 

The safest bet is to apply on 3 year anniversary of December 2021 date you were back in the States.

 

You can technically apply 90 days prior to that date, but then your case will have a little more moving part. More moving parts => more potential for errors by IO and you may have to do more explanation to get approved.

 

You probaly received an automatically generated courtesy email to remind you to naturalize. I don't believe it's based on any analysis. USCIS probably looked at your GC expirarion date and determined, since you got GC in 2014 it's about to expire / expired and you can apply for citizenship because you've been LPR for over 5 years.

 

Did you renew your GC?

 

[adrift 1]

12 minutes ago, OldUser said:

You only need to provide trips in the last 3 years if applying under 3 year rule. Note that officer will review entire immigration history and may ask you about prior to 3 year history.

 

The safest bet is to apply on 3 year anniversary of December 2021 date you were back in the States.

 

You can technically apply 90 days prior to that date, but then your case will have a little more moving part. More moving parts => more potential for errors by IO and you may have to do more explanation to get approved.

 

You probaly received an automatically generated courtesy email to remind you to naturalize. I don't believe it's based on any analysis. USCIS probably looked at your GC expirarion date and determined, since you got GC in 2014 it's about to expire / expired and you can apply for citizenship because you've been LPR for over 5 years.

 

Did you renew your GC?

 

 Thank you- that's helpful- that's what I was thinking too that although technically I can apply 90 days before, it's probably a safer bet to wait till Dec 2024 as I was in US physically from Dec 2021 and not Aug 2021

 

Yes, I renewed it back in 2016 as the original one was for 2 years. current one expires in Aug 2027.  You reckon my case warrants hiring an attorney considering the immigration history prior to last 3 years? I am not worried since I ensured that I got a re-entry permit when I spent more than a year outside of states and generally I was back within 6 months.  

[Lil bear 4,252]

1 hour ago, adrift said:

 Thank you- that's helpful- that's what I was thinking too that although technically I can apply 90 days before, it's probably a safer bet to wait till Dec 2024 as I was in US physically from Dec 2021 and not Aug 2021

 

Yes, I renewed it back in 2016 as the original one was for 2 years. current one expires in Aug 2027.  You reckon my case warrants hiring an attorney considering the immigration history prior to last 3 years? I am not worried since I ensured that I got a re-entry permit when I spent more than a year outside of states and generally I was back within 6 months.  

No attorney needed for this as long as you have good documentation and clear records. Good to do Dec 2024 as you are clear of the 3 years 

[OldUser 6,890]

1 hour ago, adrift said:

You reckon my case warrants hiring an attorney considering the immigration history prior to last 3 years? I am not worried since I ensured that I got a re-entry permit when I spent more than a year outside of states and generally I was back within 6 months.  

No attorney is strictly required for your case. If you have evidence and prepare well, everything should go smooth. A good attorney in your case can only help keeping conversation and questions to the point. E.g. if IO asks irrelevant question, your attorney could help by pointing this out to the IO so then they'd stick only to what is necessary to adjudicate the case. If you have money to spend on attorney, there's nothing wrong with hiring one. But not required and optional in your case.

[adrift 1]

16 hours ago, Lil bear said:

No attorney needed for this as long as you have good documentation and clear records. Good to do Dec 2024 as you are clear of the 3 years 

 thank you! 

16 hours ago, OldUser said:

No attorney is strictly required for your case. If you have evidence and prepare well, everything should go smooth. A good attorney in your case can only help keeping conversation and questions to the point. E.g. if IO asks irrelevant question, your attorney could help by pointing this out to the IO so then they'd stick only to what is necessary to adjudicate the case. If you have money to spend on attorney, there's nothing wrong with hiring one. But not required and optional in your case.

makes sense, thanks 

[adrift 1]

Hi Folks,

 

Someone mentioned it to me that currently the timeline for citizenship applications is faster than what it maybe next year (with potential republican return to power) - I am not too fussed about how long it takes but was curious to know if that's a common perception around? thanks

 

[milimelo 4,503]

8 minutes ago, adrift said:

Hi Folks,

 

Someone mentioned it to me that currently the timeline for citizenship applications is faster than what it maybe next year (with potential republican return to power) - I am not too fussed about how long it takes but was curious to know if that's a common perception around? thanks

 

Seems to get faster processing in election year... 

[adrift 1]

5 minutes ago, milimelo said:

Seems to get faster processing in election year... 

Interesting 

[adrift 1]

Hi Guys,

 

Is it a problem if one has employment abroad? working remotely for a business in UK 

 

thanks

[OldUser 6,890]

16 minutes ago, adrift said:

Hi Guys,

 

Is it a problem if one has employment abroad? working remotely for a business in UK 

 

thanks

What sort of ties do you have to the US now?

Do you own a property here? Do you have bank accounts, savings here?

 

Typically, employment overseas is not a problem, as well as unemployment.

[adrift 1]

43 minutes ago, OldUser said:

What sort of ties do you have to the US now?

Do you own a property here? Do you have bank accounts, savings here?

 

Typically, employment overseas is not a problem, as well as unemployment.

 We rent a house here, my wife family is here. my son goes to school - we have a joint bank account and stuff...and my wife works here. 

[OldUser 6,890]

2 hours ago, adrift said:

 We rent a house here, my wife family is here. my son goes to school - we have a joint bank account and stuff...and my wife works here. 

No problem then