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  1. #1
    Join Date
    May 2011
    Posts
    4

    Default Form N-400 and Citizenship Eligibility

    I have a some questions which I have looked all over the USCIS website and in the "Guide to Naturalization" that I have not been able to find the answer to. I have called the 1800 # as well but there is no option to speak to a representative.

    My questions are as follows:
    1) On my greencard, it says that I have been a permanent residence since 07/25/2006. I have worked alot in the United States. I got married abroad in March 2008 and have taken about 5 trips outside the United States (due to my wife and child) and each trip has lasted less then 175 days. Based on the USCIS website, I have maintained my continuous residence requirement, correct? So I am eligible to apply for citizenship right now? I have put down my exit and entry date below

    date left date returned
    09/20/2010 02/12/2011
    07/15/2010 07/19/2010
    09/15/2009 02/12/2010
    11/24/2008 05/14/2009
    10/22/2007 04/01/2008

    2)How should an applicant count his/her days outside the United States (for Part 7 section C for form n-400)? The only documents that I have to verify are on my passports. On my passport, I have the entry stamp dates of the countries I have visited and the entry date stamps that I have reentered the United States. Is this information authenticate to verify that I have not spent more than 180 days outside the United States for each trip?

    3)In the time I have spent in the United States, I have taken about 5 trips outside the United States that have lasted less than 175 days (for each trip). So do I qualify for the continuous resident requirement and the physical resident requirement apply for citizenship, correct?

    4)What is the current requirement for "physical presence" in the United States? I read in the Guide for Naturalization (M-476) that generally you must be physically present in the United States for a certain number of months in order to be eligible for naturalization.

    I have also applied for immigration for my wife and child.
    Any lawyer or anybody that has recent experience could help me that would be great.
    Your assistance is appreciated
    Thanks!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Form N-400 and Citizenship Eligibility

    1) Based on those dates it looks like you were never out more than six months in the time period. When your five years is up in July, you'll be eligible.
    2) Listing the dates as you have shown them here plus checking NO for the six months plus indicating where, plus counting the actual number of days.
    Your passport stamps would appear to be perfectly valid for this purpose.
    3) I'm not sure how this question is any different than your first one.
    4) It's five years (unless you're applying as a spouse of US citizen, in which case it's 3 years). Your time abroad doesn't get subtracted from this, it's just that if you ever left for more than six months, the 5 year clock starts over for you when you got back.

    http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

  3. #3
    Join Date
    May 2011
    Posts
    4

    Default Re: Form N-400 and Citizenship Eligibility

    Hey thanks flyingron for ur reply.
    I really appreciate it.
    Just one last question to ask you.
    I remember that I read somewhere on USCIS form or website that a person can apply for citizenship 90 days before his/her immigration anniversary date (in my case july 25, 2011).
    So I can send in my citizenship application right now, is that correct?

    Your knowledge is very helpful thanks

    Hey thanks flyingron for ur reply.
    I really appreciate it.
    Just one last question to ask you.
    I remember that I read somewhere on USCIS form or website that a person can apply for citizenship 90 days before his/her immigration anniversary date (in my case july 25, 2011).
    So I can send in my citizenship application right now, is that correct?

    Your knowledge is very helpful thanks

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Form N-400 and Citizenship Eligibility

    Yep, you can file up to 90 days early. http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

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