Bronx, NY asked in Immigration Law for New York

Q: Green card and Citizenship

Hi .. i am greencard holder since December 2016 , I have trips outside USA some between 6 months to 1year but none more than 1 year to settle my things and quit the job in my original country , total time outside USA less than 30 months, I settled in USA since March 2019 and have no intention to leave USA , Can I apply for naturalization in December 2021? Given that I am filing my tax since getting greencard, has US bank account and US driving license since 2017 and I got re-entry permit in 2017 just in case. Thank you

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1 Lawyer Answer
Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL

A: Unless you have been married to and living with a U.S. Citizen spouse for the last three (3) years, it would be premature to file an application for naturalization, as it seems you may need to file under the "5-year" rule. Even then, if you have any trips outside the United States during the 5-year period just prior to applying, that/those 6+ month trip(s) create(s) a rebuttable presumption that you have broken "continuity of residence", which is a requirement for naturalization. What you should likely do is schedule now a consultation with a competent and experienced immigration attorney who can evaluate your facts and documentation to best advise you as to when would be the best time to file so as to maximize your chances for success. Many law firms, including mine, are offering online video or telephone consultations during the COVID-19 pandemic. Good luck!

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