How can I apply for naturalization with continuous residency breaks? - EB5Investors.com

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

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
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).

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Stephen Berman

Stephen Berman

Immigration Attorneys
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.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.