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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28077
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I got card in march 2011 but stayed out of country than 1

Customer Question

I got green card in march 2011 but stayed out of country for more than 1 year. Then came back in September 2013 and since then staying in USA. My question is can I apply for citizenship through naturalization in September 2017 under 4 years and 1 day rule. Also my last 365 days out of USA will be considered for 5 years continuous residence.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Judith replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Your more than one year out of the country will be considered when USCIS determines if you have met the requirements for continuous physical residence.

Your 4 years and one day begin as of the date you came back into the country after the period of more than one year outside the US.

You are not eligible to apply for citizenship until Sept 2017 and at that time you will be required to show you have 30 months out of the past 60 months physically present in the US.

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