Harrison, NJ asked in Immigration Law for New York

Q: Naturalization timeline

I got my green card in April 2010, and it is due for renewal soon. Currently, I have had 25 months of physical presence in the country over the last 5 years, but continuous residence (not being outside the US for more than 6 months a year) since April 2017. I held a reentry permit when I was outside and came before expiration. Can I apply for early naturalization or should I renew my green card and then apply after I have 5 years of continuous residence?

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1 Lawyer Answer
Sheri A Benchetrit
Sheri A Benchetrit
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: If your green card has less than 6 months until it expires, then I suggest that you file to renew it prior to filing for your N 400. With regard to the issue of your physical presence, there are two things that USCIS looks at. First, they will look at the total number of days you were out of the US and then they will look at continuous physical presence in the US. You should know that a re-entry permit ensures that you do not lose your green card while you are out of the country, but the time that you are out of the country will still count against you for purposes of naturalization and documenting continuous physical presence.

I would need to have more information about the exact number of days you were outside of the U.S. to tell you whether you can file now or whether you should wait for some of that time to "roll off."

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