Q: Can I do multiple times stays one month and leave US for 5 month in same year and still qualify to apply for citizenship
Marry to a US citizen, currently holding a 2-year conditional green card and planning to apply for citizenship when the time comes. However, I need to do medical treatment outside of the US, and the treatment required about a year to recover. I don't want to re-start the time of being qualify to apply for citizenship. My question is, Can I stay outside of the US for 5 months, and come back to the US for two weeks, and do it multiple times until I fully recovered. Can anyone have any suggestions that under the premise of not affecting the path of applying for citizenship?
A:
To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.
You may travel to another country, including your home country, provided no other legal impediment precludes you from doing so. However, if a trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization.
In addition to examining the length of your trip abroad, USCIS will look at the frequency of your travel. To qualify for naturalization, an applicant must spend at least half of their time in the United States. This is known as the “physical presence” requirement. If you take frequent, short trips abroad that result in you spending more than half your time outside the United States, then you will also be ineligible for naturalization.
The requirements of “continuous residence” and “physical presence” are interrelated but are different requirements. A naturalization applicant must satisfy each requirement to be eligible for naturalization.
See the naturalization eligibility worksheet:
https://www.uscis.gov/sites/default/files/document/forms/attachments.pdf
Best wishes!
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.
