Legal Question in Immigration Law in Washington

physical residency ?

if a green card holder needs 4 years and 1 day to apply for naturalization if had used a re-entry permit. what will be the physical persence ( residency) requirement from the date of reentry??


Asked on 7/16/09, 11:34 am

1 Answer from Attorneys

Elaine Martin Law Office of Elaine Martin

Re: physical residency ?

Your question is a bit confusing. A permanent resident (PR) can apply for naturalization after 5 years as a PR, or 3 years if married to a US citizen for those 3 years. You can apply 90 days before the 3rd/5th anniversary of getting PR. The physical presence requirements are the same whether or not a person used a re-entry permit.

Generally, you must have been physically present in the US for half of the 5/3 years before applying for citizenship. You must also have resided for at least 3 months in the state where you are filing. Limited exceptions exist to the residence rules, and it is important that you have not done anything to break the period of residence.

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Answered on 7/16/09, 11:50 am


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