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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3365
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am card holder since October 22, 2015. I am ellegible to

Customer Question

I am green card holder since October 22, 2015. I am ellegible to file for naturalization since July. In application says I cant be out of states no longer than 30 months which by may calculation is 914 days. I have been outside US for 952 days. can I still aply for naturalization? even though I am 38 days short? I returned to states July 09, 2015.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney/ expert assisting you today.

What is the date that you became a permanent resident? You wrote October 22, 2015 but I know that is a typo.

Did you mean 2011 or 2010?

During all your trips outside the US, did you maintain a permanent home and job here in the US?

Customer: replied 1 year ago.
October 22, 2010
Customer: replied 1 year ago.
I am living with my daughter & she has all her IRS transcript with my name on it.
Customer: replied 1 year ago.
I am not working here I am 67 years
Expert:  Jennifer Marie, Esq. replied 1 year ago.

I have verified your days. You are correct. You have been outside 952 day in the last 5 years.

At this moment, unfortunately you would not qualify for naturalization. However, I suggest that you wait just one month and apply on October 4, 2015 which would be 5 years since you returned on October 4, 2011. That means that your trip from 3/29/2011- 10/04-2011 would NOT be counted towards naturalization. That would leave your days outside the US at 773 instead of 952 and your chances would be much better.

Keep in mind that for naturalization you are also not supposed to have any trips outside the US of more than 180 days/6 months in the 5 years before you are applying. This is because it is considered that you did not have the required continuous residence in the US when you spend more than 180 days out in one trip. If you apply in October 2015, you will have had THREE trips of more than 180 days (2012,2013,2014). However, For trips outside the US of more than 180 days, USCIS does give you a chance to prove that although you were outside for more than the allowed time, you did NOT break your continuous residence in the US. Some ways that you can prove that are by showing that you had a home rented here or mortgage, that you paid income taxes, that you maintained a US bank account, that you paid other bills/cell phone in the US, etc. In your case your daughter can write you a letter confirming that you live with her in the US. You should also show the income tax transcripts and anything else you have. You would have to show as much of this as possible to have a better chance. It will be up to the office in your interview to decide whether they feel it is enough documentation to approve you. No one can know for sure the result until you apply.

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 1 year ago.
You said I should apply on October 4, 2015 which would be 5 years since you returned on October 4, 2011. That means that your trip from 3/29/2011- 10/04-2011 would NOT be counted towards naturalization. That would leave your days outside the US at 773 instead of 952 and your chances would be much better.But 5 years from 10/04/2011 will be 10/04/2016.
Expert:  Jennifer Marie, Esq. replied 1 year ago.

You are completely right. That was a typo and confusion on the dates on my part. You would have to wait until October 2016 in order to overcome the problem with missing days. You are allowed to depart again for a few months as you do yearly before you apply for naturalization next year but I would not recommend that you remain outside more than 100 days so that you can qualify next October 2016.

Hope that clarifies.

Customer: replied 1 year ago.
How about If I apply in November 2015? It still showes the days I have been out but my dates have been in the states will be longer.
Customer: replied 1 year ago.
Another question: If I apply in November, do they tell me immidiately that I am not elegible or I may go all the way to test and then they will say you were this many days short?
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Give me one moment

Expert:  Jennifer Marie, Esq. replied 1 year ago.

Even if you apply in November 2015, if you count the last 5 years from November 2010 to November 2015 you have still been outside the US for 952 days. You would have to wait until next year.

No, they would not tell you immediately that you're not eligible. They would take your money and later calculate your days and tell you at the interview or after that you don't have enough days. That's why it is not worth it to do it unless you are almost sure you will be approved.

I hope this now answers your question. Please don't forget to accept the answer and issue a rating. Thanks for your consideration.

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