QUESTION

Will i be disqualified to file for US citizenship if i have been out of the country for 3 months during my 4 yrs and 9 months continues residency.

Asked on Apr 18th, 2013 on Immigration - Tennessee
More details to this question:
I have been a resident for 4 yrs and 9 months. Been out of the country for 3 months. Can i still file for US citizenship, or do I need to wait for another 3 months to file ?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
You would not be disqualified by three months of physical absence from the country if you file for your citizenship at four years and nine months. There are two concepts in naturalization law, residence and physical presence. You are required to have five years of residence which means that you regard the US as your domicile during these years. In terms of physical presence, you must have at the very least half of the required period of residence (2 1/2 years) before applying for citizenship. As you know, most individuals are allowed to apply for naturalization 90 days prior to the fifth anniversary of their permanent residence. 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 Apr 23rd, 2013 at 5:49 PM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Absolutely, you qualify. You need to be here for 1/2 five years and no one time trip over 6 months. Thus, barring any other issue, you should be fine. You can always confirm your details with me at: harun@ksvisalaw.com or see our naturalization section at: http://www.ksvisalaw.com/Immigration-Law/Naturalization.aspx  
Answered on Apr 18th, 2013 at 5:52 PM

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