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 5 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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