Please can you kindly tell me when I become eligible for Naturalization by reviewing the following information:
- My date of birth is 02/23/1983
- My father remarried to an American woman when I was 6 in 1989. Since then they have lived and worked permanently in the US (my father by means of a green card).
- My father is about to send of his N-400 Application for Naturalization.
- On 04/24/2007 I will have held my green card for exactly 5 years. I filed for it 04/24/2001 because I wanted to work in the US however before that I frequently stayed with my father and stepmother.
- However, on 04/34/2007 I will have only spent 26 months total in the US, including 4 periods exceeding 6 months but less than 1 year.
- This time outside the US was because I went to University in the United Kingdom (which I have now finished).
The USCIS website states
The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence:
(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant's immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad.
I believe I can satisfy (B) and (C), also my father and stepmother claimed me as a dependant on their tax forms. In theory this just leaves the problem of the 26 months. The date where I will have been in the US for a total of 30 months over 5 years is 01/15/08.
- <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-list: l2 level1 lfo2; tab-stops: list .5in">Is 01/15/08 the earliest I can file for Naturalization, and can I apply 90 days before this date? <LI class=MsoNormal style="MARGIN: 0in 0in 0pt; mso-list: l2 level1 lfo2; tab-stops: list .5in">Is there any clause or law that allows me to be naturalized before this date?
- What evidence do I need for (B) and (C)?
Thank you so much for your help.