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Immigration Issues/Naturalization-Continuous Residency Requirement

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Question
Hi,

I am currently on US greencard. My husband is a US citizen (got his citizenship in April 2010). Because of business reasons my husband has to stay in India for about 2.5 years. I can file for naturalization in Feb 2013 (I got my green card in May 2008) and since I already have about 3.5 years of continuous residency I would like to file in Feb 2013. I have been staying in India since June 2011. I came back to USA in last week of November 2011 and left for India in second week of January 2012 so that I can maintain my continuous residency requirement. I am again planning to come to USA in end of May 2012 and leave in about 10 days to maintain my contnuous residency. I plan to do the same again in November 2012 and then in March 2013 plan to move to USA so that I can file for naturalization.

The question I have would it be ok to stay out of USA for less than 6 months for 3 times and then also i can file for my citizenship? Essentially from June 2011 to March 2013 I will be in USA for about 3 months. I have stayed continuously in USA from May 2008 to June 2011. I do own a house in USA (currently renting it out to a tenant), have bank accounts and have filed 2011 tax returns too.

I went through below two links about continuous residency

www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30706.html

but could not find information related to my specific case.

Any help is greatly appreciated.

Thanks.

Answer
Hi,

As it appears that you will have been physically present in the U.S. in the 5 year window immediately preceding the filing of the naturalization application, and as each single absence is for less than six months, you will be eligible to file in Feb. 2013 (up to 3 months prior to reaching 5 years as permanent resident) even if you have been otherwise absent from the U.S. for the majority of time during the last couple of years. General information is here: www.h1b1.com/citizenship.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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