Could i apply for natrualization?

Asked over 4 years ago - North Carolina

I became a permanent resident on September 2005 (I am a green card holder) .I stayed in the US for 12 months then I got a re-entry permit and went back to my country. I returned to US after 11 months (although I had re-entry permit for 2 years I returned after 11 months). My question is about this: the 12 months which i stayed in the us before I left will be counted as a time physically present in the US or not and could I apply for naturalization on September 2010. ( if the 12 months that i mentioned before counted, i physically present in the US for 31 months.)

Except my first journey which took 11 months, my other trips out of the state are less than 6 months.

Attorney answers (2)

  1. Hasan Abdullah

    Contributor Level 12

    1

    Best Answer
    chosen by asker

    Answered . Actually, the answer is, maybe.

    Look at 8 C.F.R. ยง 316.5(c)(1)(i), The answer is there. Departures of more than 6 months and less than 12, do not necessarily break the required continuity, but the burden is on the applicant to establish that you did not, in fact, abandon residence in the US. Be prepared for a prove you didn't break continuity under the regulation. You can show maintenance of ties with the following facts (this is not an exhaustive list):
    (A) The applicant did not terminate his or her employment in the United States;
    (B) The applicant's immediate family remained in the United States;
    (C) The applicant retained full access to his or her United States abode; or
    (D) The applicant did not obtain employment while abroad.

  2. Nicolas Andres Olano

    Pro

    Contributor Level 15

    Answered . No. Your period was cut. The good news is that it restarted once you came back and instead of 5 years you only have to wait for 4. I am assuming you returned in August of 2007. So you wil be able to apply aproximately in June or July of 2001. Best of Luck

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