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When should I apply for naturalization?

Greensboro, NC |
Filed under: US citizenship

I completed 5 years in US having my permanent residence card since may 2008. I stayed in US for almost 43 months but I had a trips outside US as following
(1) from June 2008 to March 2009 (9 months)
(2) from June 2010 to November 2010 (5 months)
(3) from June 2011 to August 2011 (2 months)
(4) from December 2012 to January 2013 (1 months)

Attorney Answers 4

  1. You'll need to do the math yourself. To qualify you'll need to have been physically present in the US at least half the statutory period, i.e. at least half of the last 5 years, in total or aggregate.

    It is the last 5 years that USCIS look at when determining physical presence.

    Behar Intl. Counsel 619.234.5962 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.

  2. I agree with Attorney Behar.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. There is a rebuttable presumption that if you are out of the US for more than six months you may have abandoned your resident status. If yo do not have that as an issue, in addition to being a resident for 5 years prior to filing you need to be in the US 1/2 plus one day of the time, no periods of over 6 months this may be rebutted, and 90 days in the jurisdiction of the place where you are filing.


  4. When you meet all the requirements. You will either have to do the math yourself, or you will need to retain an experienced immigration attorney.

    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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