Applying for citizen. 5 yrs after GC but before meeting physical presence requirement

[heemo]

Hello, I would appreciate answers if any of you know the law or has a personal experience related to my case. I got my Greencard thru work sponsorship in Jan 2012 but spent a little more than two years after that working outside the US before returning in 2015. I therefore had the Greencard for more than 5 years but won't have spent 30 months of physical presence in the US until June 2017. Can I apply for citizenship now? If not, how soon?

[newacct]

You likely don't have the 5 years of continuous residence either. An absence of over 6 months usually interrupts continuous residence.

[heemo]

You likely don't have the 5 years of continuous residence either. An absence of over 6 months usually interrupts continuous residence.

Thanks for your reply. Even during the time working overseas, it was temporary and I was never absent from the US for more than 6 months at a time, as I always made visits with less than 6 months in between. I've also maintained an address, active bank accounts, and even had my furniture in storage, so I don't think I broke continuous residence, and it was never suggested to me by immigration officers on any of my visits.

Still though, assuming I do meet the 5 years of continuous residence requirement, can I apply for citizenship before I complete my 30 month physical presence or not? I know you can apply 90 days before the 5 years are met, but can you apply 90 days before the 30 months are met?

[mdot2610]

Thanks for your reply. Even during the time working overseas, it was temporary and I was never absent from the US for more than 6 months at a time, as I always made visits with less than 6 months in between. I've also maintained an address, active bank accounts, and even had my furniture in storage, so I don't think I broke continuous residence, and it was never suggested to me by immigration officers on any of my visits.

Still though, assuming I do meet the 5 years of continuous residence requirement, can I apply for citizenship before I complete my 30 month physical presence or not? I know you can apply 90 days before the 5 years are met, but can you apply 90 days before the 30 months are met?

I think it also depends the frequency of travel as per the USCIS FAQ below: so first You may verify the eligibility
"
Question: Because my Green Card allows me to travel between the United States and my home country, can I live in both places until I am ready to apply for citizenship?



Answer: To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before filing Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.

You may travel to another country, including your home country, provided no other legal impediment precludes you from doing so. However, if a trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization.

In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. To qualify for naturalization, an applicant must spend at least half of his or her time in the United States. This is known as the “physical presence” requirement. If you take frequent, short trips abroad that result in you spending more than half your time outside the United States, then you will also be ineligible for naturalization.

The requirements of “continuous residence” and “physical presence” are interrelated but are different requirements. A naturalization applicant must satisfy each requirement to be eligible for naturalization. For additional information on the continuous residence or physical presence requirements of naturalization, including exceptions to these requirements, please review A Guide to Naturalization (PDF, 1.01 MB)."