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Have posted this question before but this is with more details. Can I obtain citizenship based on the below travel history?

New York, NY |

LPR since Dec 1998 – July 2005 NO BREAK IN CONTINOUS/PHYSICAL RESIDENCY

Departed USA 02 July 2005
Admitted USA on 26 August 2005- Out 2 months
Departed USA on 27 November 2005
Admitted USA on 20 May 2006- Out 6 months
Departed USA on 31 March 2007
Admitted USA on 20 March 2008 – Out 12 months
Departed USA on 13 June 2008
Admitted USA on 28 April 2009- Out 11 months
Departed USA on 15 June 2009
Admitted USA 16 March 2010- Out 10 months
Departed USA 05 April 2010
Admitted USA 15 November 2010- Out 8 months
Departed USA 24 March 2011
Admitted USA 02 August 2011- Out 6 months
Departed USA 21 November 2011
Admitted USA 14 May 2012- Out 7 months
Departed USA 24 May 2012
Admitted USA 24 Jan 2013- Out 9 months
Departed USA 02 Feb 2013
Admitted USA 07 Dec 2013- Out 11 months
Departed USA 15 Dec 2013
Admitted USA 01 March 2014 – Out 4 months

Will qualify to apply for Naturalization in 2020.

I have talked to other lawyers and some are saying that once the NEW 5 YEAR CONTINOUS PERIOD IS OVER, uscis wont look back the time from 1998-2006. Is this guaranteed????

Attorney Answers 4


  1. The general rule is that you must be continuously present in the United States for at least five years prior to filing for your citizenship. There are exceptions to this rule. You should contact an immigration attorney to go over the specific details of your situation.

    This answer is for informational purposes only. It does not establish an attorney client relationship.


  2. The rule is that you must have been physically present in the US for a total of at least half of the last 4 years and nine months. You do the math.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. As a general rule, you have to have been physically present in the U.S. for half of the time for the applicable "lookback" period. If you need additional assistance, you should retain an immigration lawyer. For all the times in your life when you may possibly encounter the need to hire a lawyer, immigration issues should be among the top reasons for doing so. If you apply for naturalization and wind up in removal proceedings (as happens to many people), all of your other issues will become unimportant in a flash. Good luck to you.

    *IMPORTANT: Do not rely on Attorney Murray's response as the information provided on this website is NOT legal advice nor is it a substitute for legal advice which requires a consultation with a lawyer. Attorney Murray's response does NOT create an attorney-client relationship. If you have any specific questions concerning a legal issue, you should consult a lawyer. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on a Q&A website such as Avvo. Attorney Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted on Avvo are intended as general information for the education of the public, and not for any specific individual. New Jersey residents: NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. The selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  4. Generally, you need to show that you were present in the U.S. for at least 30 months of the 60 months prior to filing.

    This answer is of a general nature and does not in any way create an attorney-client relationship.