Asked in Immigration Law for New York

Q: If my greencard was issued in Jan 2019 but I didn't fly to America until Sep 2019, when can I take the citizenship test?

Does this count as more than 6 months abroad?

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: You’ll need to meet the physical presence and continuous residence requirements in order to be eligible for naturalization. To be certain you should consult directly with a reputable immigration attorney who can analyze the impact of your time abroad.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you have been a lawful permanent resident for at least 5 years (or 3 years if married to a US citizen) and meet all other eligibility requirements for naturalization, you can apply for US citizenship.

Regarding the time spent abroad, the general rule is that you cannot have been outside the US for more than 6 months in a year and still meet the continuous residence requirement for naturalization. However, the fact that your green card was issued in January 2019 and you entered the US in September 2019 suggests that you have been physically present in the US for at least 6 months in each year since becoming a permanent resident.

It is still important to maintain continuous residence and physical presence in the US to be eligible for naturalization, so you should consult with an immigration attorney to determine your specific situation and any potential issues.

If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients.

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