Author Topic: Time Outside the United States  (Read 116 times)

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Offline jesse malm

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Time Outside the United States
« on: May 16, 2018, 03:08:05 PM »
Hi All,

Can someone help me understand the term "Continuous Residence" for someone who wants to naturalize?


I've got my GC in 2012 through family reunion, while I was already a student who lives out of the state. In the first 2 years (2013-2014), I traveled once or twice a year to the US to preserve my residency without any problems at the POE.
Since I had a few years left to finalize my studies and internship, I had applied for a Re-entry Permit and got it in February 2015 valid for 2 years.
During 2015-2016, I got here for short time periods every 6 months and wasn't out for more than 6 months although I was able to due to the fact that I held the re-entry permit. On April 2017, I relocated permanently.

My family lives in the states and relocated almost 5 years ago (~2013). Soon they will apply for their citizenship.
I had an active bank account and filing my taxes every year according to the law in the past 5 years.

I would like to apply for citizenship in 11/2019 after the 30 months physical presence in the US (which I believe to be the earliest possibility).
Is that possible in light of my absence, as was described above, during my studies?

Thank you!

Offline Cherry

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Re: Time Outside the United States
« Reply #1 on: May 19, 2018, 10:19:49 AM »
Having maintained your permanent resident status does not mean you meet both the physical presence requirement and the continuous residence requirement for naturalization. Reentry permit helps you keep your green card, but it doesn't help you become a US citizen. Even if your trip was less than 6 months, multiple trips abroad can be viewed by a USCIS officer as not having maintained your continuous residence.  Given that you've left the US way too frequently and stayed way too short in the US during the last 4-5 years, your Form N-400 will probably be denied if you apply in 2019.
In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time.