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
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.