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when to apply for citizenship

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  • when to apply for citizenship

    My friend has a green card and
    1. He applied for a travel permit in Sept.2002 that was granted to him in November 2002 for an absence of two years i.e. till November 2004
    2. He left the USA in October 2002 and returned in Sept 2003 after an absence of eleven months and has been here ever since.
    3. His previous absences from the USA have been for less than six months.
    4. When can he apply for citizenship?
    5. Is it 4 years from the expiry of the travel permit or 4 years from returning back to the USA in Septembe 2003, or can he apply now as he has never been absent for more than one year at any time.

  • #2
    My friend has a green card and
    1. He applied for a travel permit in Sept.2002 that was granted to him in November 2002 for an absence of two years i.e. till November 2004
    2. He left the USA in October 2002 and returned in Sept 2003 after an absence of eleven months and has been here ever since.
    3. His previous absences from the USA have been for less than six months.
    4. When can he apply for citizenship?
    5. Is it 4 years from the expiry of the travel permit or 4 years from returning back to the USA in Septembe 2003, or can he apply now as he has never been absent for more than one year at any time.

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    • #3
      If he is married to USC: Then he will requried 3 years:
      If not Then he will have to be in US for 4 years and 9 months before he can file his N-400.

      Comment


      • #4
        He needs to meet the following requirements:

        Live in the US for at least 5 years as a permanent resident or 3 years if married to and currently living with a US citizen.

        Be present in the US for at least 30 months out of the past 60 months or 18 months out of the past 36 months, if married to and living with a US citizen.

        Live within a state or district for at least 3 months.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          On which date you ( I mean your friend) got the Green Card. and how many times and for what durations he travelled out side USA. These informations are necessary to reply to your question

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          • #6
            Before your friend apply for his citizenship. He should start accounting his time in the United States as follows:
            1-Date of arrival in the United States.?
            2- date received his Green Card?
            3- date of his first absences from US?
            (must clearly state the dates months & year
            4- date of 2nd absences with date month year?
            5- Before your travel out side of US if you have completed the Form N-470 Application to Preserve Residence for Naturalization Purposes.
            Please give the above information, so we can give you the correct dates when you can file for your citizenship.

            Comment


            • #7
              Yes, he can apply for Citizenship right now, as he was NOT gone outside for over 1 year.

              If within the past 5 years you went abroad for over 6 months, but less than 1 year, then you just have to prove that you did not abondon US residency while you were gone ( this is clearly stated in the USCIS site - do study !). This you can do by showing that you had the same address before and after the abcense, maintained the same bank account / credit cards before and after the visit, had utility bills in your name during your absence....etc ...or any other.

              The 4 year + 1 day rule is applicable is you went out for OVER 1 year.

              Good Luck !

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              • #8
                About the absences outside of US,if he returns within the 6 months,does it count towards the "physical residence" in US?
                And what if it lasts over 6 months but less than an year?
                Thanks.

                Comment


                • #9
                  Sec.316(b)Absence from the United States of more then six months but less then one year during the period for which CONTINUOUS Residence is required for adminssion to the citizenship, immediately preceding the date of filing the application for naturalization.Or during the period between the date of filing the application and the date of any hearing under Sec.336(a), SHALL BREAK THE CONTINUITY OF SUCH RESIDENCE, unless the applicant shall establish to the satisfactionof the Attorney General that he did not in fact abandon his residence in the United States during such period.

                  Like every one on the board has taken or read the part of this section 316(a) Which say that MORE THEN SIX MONTHS BUT LESS THEN ONE YEAR.
                  This section informed us if you break the continuity of such residence which is required for the application for naturalization, your application can be denied for citizenship.
                  90% of Immigrant stay in the country to complete the residence requirement and then they file for citizenship.

                  Comment


                  • #10
                    javed he got his green card in 1996 and kept coming and going once a year and he finally applied for a travel permit in sept.2002 that was granted in nov 2002.for two years but he spent only eleven months outside and returned to the usa in september 2003.
                    he has been staying in the usa since sept.2003 and counting from this date his 30 months of continuous stay will be completed in march 2006.
                    so when can he apply for citizenship keeping in mind that the has not been out for more than 11 months
                    adam thanks but the legal language is hard for me to decipher and could you answer his question in laymans language so he is clear whether to apply or not
                    thanks all who replied and no he is not married

                    Comment


                    • #11
                      traveller123:
                      A person got his LPR status in 1996 and since then he kept coming and going once a year.
                      Now question is for how long he was out of US?
                      IN CASE HE WAS OUT FOR TWO MONTHS EVERY YEAR FROM 1996, total time from 1996 to 2005= 9 years
                      OUT OF 9 YEARS HE WAS OUT FOR 18 MONTHS
                      EVERY TEN MONTHS HE HAD BREAK THE CONTINUITY OF RESIDENCE. HOW CAN HE FILE FOR HIS CITIZENSHIP.

                      I no another person who was married to a Green Card Holder in 1980. She file I-130 he received his visa after two/three yaers.Received his GC, and was traveling up and down for years and his Green Card was taken away by the Inspector at the Port of Entry in 1995. Because he was not living in this country, the Green Card is given to the person to live and work in the United States and it is not a doucment for any one to travel to US without a visa.

                      If you complete the eligibility question for Naturalization, I am sure you will under stand the question of requirements of residence:
                      I am not sure when last time he was out of US, and when he arrived back to reside in US.
                      I think he will have to restart his residence for the Citizenship.

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