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Question on time to apply for naturalization

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  • Question on time to apply for naturalization

    I have my green card (employment based) and I live and work in the US currently. I become eligible to apply for naturalization in the middle of 2019 (at the end of 4 years & 9 months). I understand that it takes on average about 6-7 months from that point to get my citizenship (maybe early 2020 by the time I have a US passport). However, I am considering an opportunity that will require relocating with my family to Asia for a few years. I wanted to find out if there is any way this can happen without stopping the clock on the time left to apply for naturalization. If I decide to make the move to Asia, say, sometime in 2018, does the clock pause there until I officially move back to the US? What constitutes 'maintaining residency' in the US for the period of 4 years & 9 months to become eligible for naturalization? Is it calculated by entry and exit dates (in and out of the US)?

  • #2
    Originally posted by graphiti View Post
    I have my green card (employment based) and I live and work in the US currently. I become eligible to apply for naturalization in the middle of 2019 (at the end of 4 years & 9 months). I understand that it takes on average about 6-7 months from that point to get my citizenship (maybe early 2020 by the time I have a US passport). However, I am considering an opportunity that will require relocating with my family to Asia for a few years. I wanted to find out if there is any way this can happen without stopping the clock on the time left to apply for naturalization. If I decide to make the move to Asia, say, sometime in 2018, does the clock pause there until I officially move back to the US? What constitutes 'maintaining residency' in the US for the period of 4 years & 9 months to become eligible for naturalization? Is it calculated by entry and exit dates (in and out of the US)?
    Continuous residence does not "pause". It continues to run even if you take a short trip outside the US. But if you are absent for more than 6 months, you may interrupt continuous residence, which means you start over from 0.

    Physical presence does pause when you are outside the US, but physical presence is almost never a problem for people applying for naturalization, as you only have to have physical presence for half the time (2.5 years out of the last 5 years, or 1.5 years out of the last 3 years) and most people have way more than that.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Continuous residence does not "pause". It continues to run even if you take a short trip outside the US. But if you are absent for more than 6 months, you may interrupt continuous residence, which means you start over from 0.
      Thanks a lot. That helps quite a bit. Are you saying that as long as I am able to re-enter the US even once within every 6 month period (regardless of the amount of time I spend on the trip), that it is considered as maintaining continuous residence in the US, even though for all practical purposes I am really going to be living abroad? Because, I definitely except to be making at least 2 short trips back to the US every 6 months for work. Does this mean that the 4 yr 9 month timer to apply for naturalization doesn't really pause if I am able to make trips back to the US every 6 months?

      Originally posted by newacct View Post
      Physical presence does pause when you are outside the US, but physical presence is almost never a problem for people applying for naturalization, as you only have to have physical presence for half the time (2.5 years out of the last 5 years, or 1.5 years out of the last 3 years) and most people have way more than that.
      Was curious about the sections on the N-400 that ask for addresses that I have lived at over the course of the last 5 years along with a From & To date. If what you say for continuous residence is true, then does that mean I can consider myself to be residing in the US for the 5 years leading upto the date for Naturalization even though I really may not living here in the true sense of the word?

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      • #4
        Originally posted by graphiti View Post
        Thanks a lot. That helps quite a bit. Are you saying that as long as I am able to re-enter the US even once within every 6 month period (regardless of the amount of time I spend on the trip), that it is considered as maintaining continuous residence in the US, even though for all practical purposes I am really going to be living abroad? Because, I definitely except to be making at least 2 short trips back to the US every 6 months for work. Does this mean that the 4 yr 9 month timer to apply for naturalization doesn't really pause if I am able to make trips back to the US every 6 months?
        It's not explicitly stated but if you make only short visits to the US, I believe they can consider those absences as really a long absence, and thus interrupt your continuous residence. (Plus, if you do this for a long time, there is a big risk you will be denied entry altogether.)

        This is my personal opinion and is not to be construed as legal advice.

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