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Am I able to file citizenship before the 5-year residency period is complete, even though I left the US for 74 days total?

Chicago, IL |

Got my green card in 2008, card states I got permanent residency on 4/30/2008. I have continuously resided in the US, with the exception of 74 days when I traveled to 9 different countries on vacation, between 2008 and 2012.
Each trip out of the US did not last more than 13 days. Can I still file for citizenship early, 4/30/2013 will make it 5 years of been a permanent resident in the US?

I would like to file before 4/30/2013, can I go ahead and file my citizenship application ( N-400) now, or do I need to wait until after 4/30/2013 to file . I meet all other INS requirements, please advise. Thanks.

Attorney Answers 3


You can file for naturalization immediately.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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I agree with Mr. Shusterman. Your trips abroad will not disqualify you. However, it's unclear whether you have other challenges.

This is general information, not legal advice, and does not create an attorney client relationship.

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If you meet all the requirements, then yes.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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