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continuous residence before naturalization

March 21 2008 at 10:50 AM
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Dear Mr. Weiner,

after studying the naturalization guide http://www.uscis.gov/files/article/M-476.pdf

I am still doubtful about the Continuous Residence term. On page 18 it is explained, in the table, that Continuous Residence must be "5 years as a permanent resident without leaving the US for trips of 6 months or longer". On page 22 it says "If you leave the US for more than 6 months but less than one year, you have broken or disrupted your continuous residence unless you can prove otherwise". However, on page 52 in the Naturalization Eligibility Worksheet, paragraph 5, the term that disrupts Continuous Residence is seemingly set at 1 year, not 6 months.

I was granted permanent resident status in March 2003, left the US same month and came back in January 2004, and lived in the US since. When am I eligible to apply for naturalization?

Many thanks.

 
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(Login immigrateusa)
Forum Owner

N-400 Application & Continuous Residence

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April 15 2008, 8:02 AM 

There are a couple of unaddressed issues in your post. How did you get your green card in the first place? What was the purpose of your leaving the US in March 2003?

If you received your green card through the green card lottery or a job, you’ll need to show 5 years’ residency in the US. Unless you left in March 2003 to serve in the US military, your period of 5-year residency really began in January 2004. In that case you should wait until this October to submit your N-400.

If, however, you received your green card through marriage to a US citizen and you and your spouse have been living together for the past 3 years, you can file now.

If you’d like me to examine the details of your case, please feel free to contact our office to schedule a telephone consultation.

Attorney Edward Weiner
E-mail : E.Weiner@immigration-aux-usa.com
Phone : + 1 (617) 889-0215
Internet Site : http://www.immigration-aux-usa.com

 
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