Does the 3 months in state residence rule for naturalization require physical presence?
| 
| Hits: 43
The residency requirement that you reference requires that the Applicant:
*Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application*
As long as the Applicant can document proof of residence for at least 3 months prior to filing, he should satisfy the requirement.
What do I need to become a U.S. Citizen?
| | Hits: 33
- Immediately preceding the date of filing for naturalization the applicant has resided continuously, after being lawfully admitted for permanent residence within the United States for at least five years and during the five years immediately preceding the date of filing his or her application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Immigration and Naturalization Service of the United States in which the applicant filed the application for at least three months,
- Has resided continuously within the United States from the date of application up to the time of admission to citizenship and
- During all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States. Absences from the U.S. during the statutory period are presumptive and can be overcome. For absences of 6 months or less, there is no break in continuous residence. An absence of more than 6 months but less than a year raises a rebuttable presumption of abandonment of continuous residency for naturalization purposes. The burden is on the alien to show that the continuous residence requirement has been met.
How long can a U.S. Citizen remain abroad without losing his or her citizenship?
| | Hits: 50
Unlike Permanent Residents, who have to worry about abandoning their residence in the United States, American Citizens have no restrictions on time spent abroad. She can stay there for as long as she wants.
Both my parents are citizens. Does that make me a citizen automatically? How do I bring my fiancé to the U.S.?
| | Hits: 41
You are eligible for derivative citizenship and should apply on Form N-600 with the nearest USCIS Field office, with the appropriate filing fees. If approved, you will be scheduled for a naturalization interview. As far as your fiancé, I recommend that you file after you obtain your citizenship. That way, you can bring him on a K-1 fiancé visa.
I am married to an American citizen for 4yrs and have been a permanent Resident for last 3yrs. Two of which as a Conditional Resident. Am I eligible for Citizenship?
| | Hits: 33
You will have to wait until the condition is removed. However, the time spent in conditional status will be counted against the period of eligibility required to apply for naturalization.
My mother cannot speak English and she is 56 years old. She has been an LPR for the last 3 years. How can she qualify for Citizenship?
| | Hits: 54
She must possess an elementary understanding of English to be eligible. However, The English language test is not applicable to: (1) persons who are over 50 and living in U.S. for 20 years subsequent to LPR status; or (2) persons who are over 55 years of age and living in U.S. for 15 years subsequent to LPR status.
Returning from Work for Employer Abroad After 2 Years - Impact on Green Card/Naturalization
| | Hits: 45
Leaving the U.S. for over 6 months while you're a permanent resident, raises the presumption that you have abandoned your status. You must file and obtain a "Re Entry Permit" prior to departure in order to be allowed to return without any issues. We also recommend that you consider filing an Application to preserve your residence for Naturalization purposes.
Does Prior §245(i) Filing Affect Naturalization Application?
| | Hits: 49
§214(i) is an ameliorative provision for adjustment of status. However, once adjusted, you are considered a permanent resident without any strings attached. The prior § 245(i) filing does not affect your ability to file a Naturalization application and it should not be called into question during the interview.