Q: My greencard issue date was January 2019 but I didnt get my plane ticket and move to the USA until September 2019.
Does this count for the "more than 6 months spent travelling outside of the country" rule? Does this affect the date I can apply for citizenship?
A: For purposes of naturalization you would only be able to start counting your physical presence in the United States as of the date you actually entered the United States in September 2019, not the date the green card was issued in January 2019.
Junior Babila Ngwa agrees with this answer
A:
The date you became a Lawful Permanent Resident (LPR) for naturalization is the date that appears on your green card. This is typically the date that the U.S. Citizenship and Immigration Services (USCIS) approves your application for adjustment of status to that of a lawful permanent resident.
Regarding the "more than six months spent traveling outside of the country" rule, there is a residency requirement for naturalization. One of the requirements is that you have been physically present in the United States for at least thirty months within the five-year period before applying. In addition, you must show you have resided in your state of filing for at least three months immediately preceding the filing of Form N-400.
So, the rule does not take into account the time it took for you to travel to the United States after the date of issuance of your green card.
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.
