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How can I apply for naturalization with continuous residency breaks?

I got an EB-5-based green card eight years ago. I had two separate trips longer than six months but less than one year. The last such trip ended in June 2015. I have not had any long trips in the past five years. Am I eligible to apply for naturalization now? How likely is it that I would need to provide proof of ties to U.S. for the duration of those trips more than five years ago?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The travel considerations are for five years before filing. So if you have maintained consistent residency in the U.S. during the last five years, those trips will probably not be considered at all.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You may be eligible now. You do not need to show continuity of residence for more than five years before the date you file.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes, you are eligible to apply for naturalization because you have no absences over 180 days within the last five years. You still should be prepared to answer and document why you were absent from the United States for longer than 180 days previously and that you never intended to abandon your lawful permanent resident status. The N-400 form requires you to disclose only travel outside of the United States during the last five years.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It appears you may be eligible, you should consult an attorney for proper calculation of your residency status.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    In general, an applicant who has been absent from the United States for more than six months but less than a year must overcome the presumption that they have broken the continuity of their residence in the United States; and an applicant who has broken the continuity of residence in the United States must establish a new period of continuous residence, the length of which depends on the basis for naturalizing. But the purpose of the absences matters too. USCIS policy manual provides solid general guidance on this subject. If after reading it carefully, it is still unclear whether you qualify, you will need to hire an attorney.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally, the focus is on the past five years unless these were over one year in which case you need to be ready to explain why you were unable to return timely.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You are eligible to apply now. You may have to explain why you were gone for more than six months and should be prepared to show that you always intended to return to the USA (I.e., you kept a house or apartment here; you had a car here; you filed federal tax returns for those years; or other evidence).