my parent were a green card holder since OCT 20, 2009 . Totally, they have been in united state for 2 years and 2 months and 20 days. For more info:
1- Two months stayed and return
2- One year stayed and return
3- One year stayed and return
4- 20 days stayed and return
and in all each section above they were out for 6 months.
Can they apply for citizenship now or they should wait until this duration turned into 5 years?
First of all, parents can only apply 4 years and 9 months after Oct 20, 2009.
Also, it seems that that their residency for naturalization purposes was in effect interrupted, more than once, by them having remained abroad for one year at a time. Thus, the law is that they must wait for 4 years and one day since their last entry before being eligible to apply.
Eligibility for naturalization is generally 5 years after LPR status. The 3 year requirement applies if: 1) a permanent resident marries a US citizen who has been a citizen for 3 years, and 2) the couple has been "living in marital union."
Physical presence in the US is required for at least half of the 3-yr or 5-yr period. You should consult with an immigration attorney to discuss your case as not all facts are known in your case.
If your parents stayed in the U.S. a couple of months and left for over 6 months, they may not meet the physical presence and continuous stay requirements for seeking naturalization. More so, they may also be endangering their permanent residency. Consult with an experienced immigration attorney before they take the next trip abroad.
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