How to Count Time for US Citizenship After Long Absence as Green Card Holder?

Question from G, How to Count Time for US Citizenship After Long Absence as Green Card Holder?

Answer from AI:

Understanding Citizenship Eligibility After Extended Absence

For a green card holder seeking U.S. citizenship, understanding how time spent outside the country affects eligibility is crucial. Citizenship typically requires five years of continuous residence in the U.S. (or three years if married to a U.S. citizen). Continuous residence is generally broken by absences exceeding 180 days.

In this scenario, the individual was absent for more than a year but less than two years, which exceeds the 180-day threshold. This absence disrupts the continuity of residence. Upon returning, the five-year period for eligibility begins anew.

The individual has been back in the U.S. for four years. Since the continuous residence requirement is reset upon returning, they need to wait one more year to meet the five-year requirement. The time before their extended absence cannot be included in the five-year calculation due to the break in continuity.

Additionally, citizenship requires physical presence in the U.S. for at least 30 months out of the five years. After their return, the individual’s four years in the U.S. already satisfy this, as they have been present for 48 months.

In conclusion, the individual must wait until they have been back in the U.S. for five continuous years before applying for citizenship. They cannot include the period before their extended absence in the eligibility calculation.

Key Points:

• Extended absence (>180 days) breaks continuous residence.
• Five-year period restarts upon return to the U.S.
• Physical presence requirement is met after four years back.
• Apply after completing five continuous years post-return.

Consulting an immigration attorney can provide personalized advice tailored to specific circumstances.