When can I apply for naturalization/citizenship in the US?

[Rezwan]

Hello
I am a US permanent resident since 2008. I have been residing here continuously since July 2014. Before that I have taken trips to my home country for more than 6 months but less than a year. The total amount of physical presence I have in the 5 years is about 24 months. However during the time I have been outside, I retained my permanent address, my father was still in the US for the entire time and I had access to my home at any time I would return.

When can I apply for naturalization/citizenship in the US?

 

[Mass_Shyster]

Hello
I am a US permanent resident since 2008. I have been residing here continuously since July 2014. Before that I have taken trips to my home country for more than 6 months but less than a year. The total amount of physical presence I have in the 5 years is about 24 months. However during the time I have been outside, I retained my permanent address, my father was still in the US for the entire time and I had access to my home at any time I would return.

When can I apply for naturalization/citizenship in the US?

You need 30 months of physical presence. You only have 24. See https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/path-us-citizenship

 

[Rezwan]

What about my continuous residence? Will it be okay to apply in the summer? Or do I still need to wait 5 years from July 2014?

 

[Mass_Shyster]

USCIS may feel you abandoned your residency when you left for more than six months. If they think you did, and you apply for naturalization, you may find yourself in removal proceedings.

You should probably talk to an immigration lawyer.

 

[OHRoadwarrior]

The key is continuous presence. You were not present in the US long enough in one stretch long enough to apply. You are required to have 30 months.
* Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application.
Also it might be problematic that you do not appear to have maintained a continuous residence, you appear to have maintained a mailing address and visited. Once you meet the 30 month period, apply. If you are denied, they will explain what you must do to receive citizenship.

 

[Mass_Shyster]

The key is continuous presence.

Please do not post incorrect information.

There is no requirement for continuous presence.

There is a requirement for continuous residence, and a requirement for physical presence.

 

[Zigner]

There is a requirement for continuous residence, and a requirement for physical presence.

Since the OP was out of the country for >6 months (several time), it could logically be argued that he hasn't had either.

 

[FlyingRon]

You can leave the country for more than six months without being considered to have abandoned permanent residence. It just takes some precautions and explanation to CIS. If they haven't asked him to sign the acknowledgement that he abandoned his residence by now, it's not likely to happen even if he failed to take those precautions.

The truth of the matter is we don't know if he's got sufficient residence (but I suspect he'd know if he didn't). What he doesn't have for sure, as pointed out already, is physical presence. He needs to wait six more months (though he can start the paperwork rolling 90 days ahead of his actual eligibility date).

 

[OHRoadwarrior]

I suggest you review immigration law before making erroneous statements. To often people think they know the law and they do not as is your case.

Please do not post incorrect information.

There is no requirement for continuous presence.

There is a requirement for continuous residence, and a requirement for physical presence.

 

[Mass_Shyster]

I suggest you review immigration law before making erroneous statements. To often people think they know the law and they do not as is your case.

Really? I guess I should withdraw all those G28s I've filed.

Please cite your reference for a continuous presence requirement.

 

[LdiJ]

Hello
I am a US permanent resident since 2008. I have been residing here continuously since July 2014. Before that I have taken trips to my home country for more than 6 months but less than a year. The total amount of physical presence I have in the 5 years is about 24 months. However during the time I have been outside, I retained my permanent address, my father was still in the US for the entire time and I had access to my home at any time I would return.

When can I apply for naturalization/citizenship in the US?

Bottom line. A 5 year period is 60 months long. You need to be physically present in the US for 30 months out of those 60. You are not going to be able to apply for citizenship until you reach a point where in the past 60 months you have been physically present in the US for 30 of them. Each time you travel out of the US for months at a time you lose months of physical presence, and every time you remain in the US you gain months of physical presence. Unless your gains last longer than your losses, you are never going to reach that point.

 

[t74]

OP needs to sit down with an attorney for a review of his past travels and future plans so he knows what will be required to file for naturalization. His travel history is suspicious for a permanent resident.