QUESTION
How strict is the 30-month travel rule when applying for citizenship?
Asked on Jan 02nd, 2016 on Immigration - New Jersey
More details to this question:
I have been out of the country for around 31 months total in the last five years. Can / should I still apply for citizenship? To get the number down to 30 I would have to stay for nearly a year more (I was out of the country 5 years ago). It was a calculation mistake from my part. However, the last absence (1 month 9 days) was partially due to the death of my father overseas. Would it help my case to attach a death certificate, and a plea for mercy? Thank you so much
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Where individuals are applying for naturalization based on the five-year rule, the 30 month physical residence rule is mandatory. The absolute minimum physical presence is 30 months, and you should not make an application until you are sure that you have 30 months physical residence during the past 60 months before application. I further note that many immigration officers may give individuals problems even where they meet the bare minimum eligibility requirement of 30 months.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 31st, 2016 at 1:05 PM