Legal Question in Immigration Law in Georgia

Please let me know the requirements for a legal immigrant with green card to file for citizenship.

I know it needs 5 years of stay in the US. Now within these five years for how long can he leave US and are those months counted towards the total of 5 years.

e.g. person is in US for 4 years and 6 months and is out of US for 6 months is this still considered towards total of 5 years ?

Also when are you supposed to apply after 5 years or before you reach there ? I would greatly appreciate your advice.

Thanks.


Asked on 9/01/10, 6:42 am

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You should be physically present in the U.S. for more than 50% of the time in the 5 year window immediately preceding the filing of the naturalization application. Also, no single absence during that time should be 180 days or more, but in some circumstances it is OK if the absence is between 180 days and one year.

The naturalization application can be filed up to 3 months prior to the 5 year period after the "resident since" date noted on your green card. If you obtained your green card based on marriage to a U.S. citizen, the relevant period is 3 years (not 5 years).

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.

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Answered on 9/06/10, 7:04 am


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