Continuous residence involves your maintaining a permanent dwelling place or principal residence in the United States over the period of time required by the statute. 4 year 1 day rule for Wife to apply for US Citizenship. Because the period of absence within the past 5 years (or 3 years) is still more than 6 months, you must also overcome the presumption of a break in continuous residence. If you lie on your Form N-400 application or during the naturalization interview, and you are caught, USCIS will deny your application for lacking good moral character. If you have taken a trip outside the U.S. that lasted 6 months or more since becoming a permanent resident, you should have evidence that you continued to maintain a permanent dwelling/physical address in the United States and kept ties to the U.S. during your absence. Merely counting out 4 years and 1 day or 2 years and 1 day from your return to the U.S. — following an absence of 1 year or more — is not sufficient to determine whether you meet the continuous residence requirement. I got permanent resident status on 5/11/11. goutham31 0 goutham31 0 Advanced Member; Members; 0 59; Report post; Posted June 11, 2018. You are required to submit the certified court disposition and, in many cases, USCIS will request the police report and other related documents. This is known as the 90 day early filing period. USCIS will consider your criminal history when determining whether you meet the GMC requirement. Any time spent in the U.S. prior to September 19, 2017 presumably does not count toward her continuous residence. For more details on the continuous residence requirement, see our related article, Staying Abroad Too Long May Affect Eligibility for Naturalization. Physical presence concerns the total number of days you are actually or physically in the U.S. during the period required for naturalization. Her absence of 280 days is presumed to break the continuity of residence because it lasted more than six months. Use the form below to send us a meaningful message. (Once 4 years and 1 day have passed from the date of your return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year.) In this example, the new statutory period began on June 26, 2018, which is when Melinda returned to the United States. USCIS is not limited to reviewing your conduct only during the statutory period. Eligibility After Break in Continuous Residence (due to absence of one year or more): Four Years and One Day Rule | Two Days and One Day Rule OR Four Years and Six months | Two Years and Six Months. Any time spent in the U.S. prior to December 11, 2014 does not count toward his continuous residence. If you are granted naturalization and you are later found to have lied about a material fact in your naturalization application, your citizenship may be revoked through rescission proceedings. If our expertise and availability match your needs, we aim to respond within one business day (Monday through Friday, excluding U.S. federal holidays). Do not consider it as legal advice for any individual case or situation. Immigration Consequences of Criminal Offenses: Myths & Facts. If the applicant is unable to rebut the presumption of a break in continuous residence, she must establish a new period of continuous residence to be eligible for naturalization. But if you wait to apply for naturalization at least 4 years and 6 months after returning to the United States and reestablishing residence, there would not be a presumption of a break in residence because the period of absence preceding the application date is now less than 6 months. Committing certain crimes may lead to permanent bars or conditional bars to naturalization. With few exceptions (which apply to U.S. nationals and certain members of the U.S. armed forces), you must first be lawfully admitted as a permanent resident before you may file for naturalization when you are 18 or older. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Permanent Bars to Establishing Good Moral Character. Stayed for … Criminal History May Lead to Denial of N-400 and, In Some Cases, Cause You to be Placed in Removal Proceedings. You must show good moral character (GMC) during the applicable statutory period, i.e. In reviewing your naturalization application, USCIS will make sure your permanent resident status was lawfully obtained, instead of merely rely on your having a green card. QUESTION #2: Have you continuously resided in the U.S. for at least 3/5 years? I know I can apply for citizenship on this day. It will focus mostly on whether you maintained continuous residence (permanent dwelling place) in the United States during the statutory period. Conditional bars include a conviction or admission of one or more Crimes Involving Moral Turpitude (other than political offense), such as theft, forgery, and terrorist threats – except for one petty offense; violation of any law on controlled substances – except for simple possession of 30g or less of marijuana; prostitution offenses; and willful failure or refusal to support dependents, unless extenuating circumstances are shown. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. (Do you meet the English or Civics requirements? The sharing or receipt of this information does not create an attorney-client relationship. Your IP: 184.108.40.206 You also have to know the fundamentals of U.S. history and the form and principles of the U.S. government. You should report all criminal offenses, including those that have been expunged or sealed or those that occurred before your 18th birthday. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices.
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