Will the international travel be considered as a break in my continuous residence?
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Will the international travel be considered as a break in my continuous residence?
I immigrated to the US 3 years ago and stayed for 5 months April – September before going to my country of origin with a re-entry permit. I returned exactly 1 day before the one year period due to certain complications with the re-entry permit and have been in the US since then September 2013. When can I apply for naturalization?
Asked on September 1, 2015 under Immigration Law, Georgia
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You have to have been physically present in the country for at least 1/2 of the 5 years you need to be a permanent resident in order to apply for citizenship. That almost 1 year abroad could have possibly restarted your physical presence time although you would have only had 5 months before that. I would say that to be on the safe side, you will want to apply no earlier than about April 2016.
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