Asked in Immigration Law for Kansas

Q: Green card for 19 years. 9 month stay outside ending in June 2015. Physically present since. When can I file N400

My calculations suggest I can file in March 2020. Can I go for 4 year 1 month rule (sensible construction of statute argument)? How about filing at four years six months and one day (to avoid a stay of over 6 months within statutory 5 year period)?

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
Answered
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You can file your N-400 immediately as long as you have been physically present in the US for at least 30 out of the past 60 months.

1 user found this answer helpful

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