CAN SOMEONE FILL OUT FORM N-400 FROM ABROAD AND WHAT IS THE PRESENCE TIME REQUIRED TO BECOME CITIZEN?

Asked over 1 year ago - Bayonne, NJ

MY FRIEND IS IN DOMINICAN REPUBLIC AND HE WANTS TO BECOME U.S. CITIZEN. WHAT IS THE REQUIRED PRESENCE TIME? HE WAS HERE IN U.S. FOR MORE THAN 5 YEARS AND THEN HE LEFT TO DOMINICAN REPUBLIC WITH A 2-YEARS TRAVEL PERMIT. DOES HE QUALIFY FOR CITIZENSHIP?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . If he stays outside the US for one year or more, he will lose his ability to seek naturalization for four years and one day.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Eric M. Mark

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . He must be in the U.S. to apply for citizenship. Since he has a reentry permit (I think that's what you are referring to with the 2 year travel permit) he is not in jeopardy of losing his residence, but he will have to be in the U.S. and meet the physical presence requirement before he can apply.

  3. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . OOPS ... a single absence from the US of more than 6 months RESETS the residence clock, unless a N-470 was filed.

    Your friend needs to get back 'home' to the US so that they don't try to cancel his residence.

    Just because he has a 2 year permit, it doesn't mean he can stay away for a full 2 years on one trip.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Yolanda Navarrete

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleagues. You can find more information at uscis.gov.

    973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely... more

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