# Question about U.S. naturalization process



## ina (Feb 26, 2009)

I'm a green card holder and already eligible for U.S. citizenship. I was forced to leave the U.S. two months ago before I had a chance to apply for citizenship. I'm considering going back next year to initiate the process. My main concern is: If I want to apply for U.S. citizenship do I need to stay the entire time in the U.S. that this process takes? Or is it possible to initiate the process, then leave again, and come back? Also, I read that to start the application process one has to have lived in the district where one applies for the past 3 months. I left the U.S. two months ago, but otherwise have lived there for the past 9 years full-time. I also have my Internet business still registered in the U.S. and will continue paying taxes this year and next year. But otherwise I don't have a current local address there. So would I first have to come back, live there 3 months and then start the naturalization process or could I come back and apply right away without this 3-month waiting period?


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## twostep (Apr 3, 2008)

One of the requirements for Green Card status is center of life in the US. An internet business does not constitute that. As Green Card holder or citizen you are REQUIRED to file annual tax returns.


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## ina (Feb 26, 2009)

That wasn't my question and I'm already aware of all this.


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## mamasue (Oct 7, 2008)

Ina...you need to be physically present for 3 months before you apply....

USCIS - Path to U.S. Citizenship


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## EVHB (Feb 11, 2008)

And as a green card holder, you need to get permission to leave the country if you want to leave the country for 6 months or longer. You had to get a re-entry permit before you left the country. Chances are that you lose your permanent resident status if you didn't get the permit. Maybe you can't re-enter the country next year!
Is there a possibility for you to return now? And file for the right papers!


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## Bevdeforges (Nov 16, 2007)

One other potential show-stopper from the link mamasue gave you:

From the list of requirements:



> Reside continuously within the United States from the date of application for naturalization up to the time of naturalization


Cheers,
Bev


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## ventus2c (Sep 11, 2012)

To answer your original question, there would be nothing stopping you from going back and initiating the process immediately, but that doesn't mean it would progress any better than first reestablishing yourself firmly in the US and only then applying. There are key interview steps during the process designed to ascertain the applicant's long term intentions, and having a demonstrable presence and commitment to the country would be to your advantage.


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## Davis1 (Feb 20, 2009)

read the continuous presence rules here
http://www.uscis.gov/files/article/M-476.pdf


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## ina (Feb 26, 2009)

Thanks for all your replies and the links. So basically I have to be physically present for 3 months and then apply for naturalization. Now I only wonder what exactly they mean by "continuous presence." Physical presence is obvious, but how do you proof that you didn't inted to abandon your U.S. residency if you temporarily live abroad? I cannot afford to rent an apartment in the U.S. to have an address there during my absence, and I also don't have relatives there or close friends. Will this be held against me? I won't be out of the U.S. for more than 6 months. But altogether I will probably be out of the U.S. for a little more than 1 year (but return once or twice within this year). What I do have is a registered business (LLC) and bank accounts, credit cards, driver's license and I pay taxes. I just don't have an address.


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## twostep (Apr 3, 2008)

ina said:


> Thanks for all your replies and the links. So basically I have to be physically present for 3 months and then apply for naturalization. Now I only wonder what exactly they mean by "continuous presence." Physical presence is obvious, but how do you proof that you didn't inted to abandon your U.S. residency if you temporarily live abroad? I cannot afford to rent an apartment in the U.S. to have an address there during my absence, and I also don't have relatives there or close friends. Will this be held against me? I won't be out of the U.S. for more than 6 months. But altogether I will probably be out of the U.S. for a little more than 1 year (but return once or twice within this year). What I do have is a registered business (LLC) and bank accounts, credit cards, driver's license and I pay taxes. I just don't have an address.


Again - physical presence is a requirement. You have the option of applying for re-entry permit. Yes, your exits and entries are recorded and on file with USCIS. A physical address does not mean physical presence. 

How you explain the need for re-entry depends on your personal circumstances. 

BTW - your DL is tied to your residence within the issuing state.


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## ina (Feb 26, 2009)

I don't need a re-entry permit because this is only necessary if you plan to leave for more than 1 year. And as I said I won't be gone for more than 6 months at a time. To fulfill the physical presence requirement for naturalization, one only has to have been present for 30 months in the past 5 years. And of course not have left for more than 6 months. So my only concern was if it matters that I don't have an address.


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## becca wintle (Sep 14, 2016)

Hi Ina,
I am interested to find out how your process of Naturalization went? Did you apply? 
I ask because I am also not physically present in the U.S. but intending to apply for citizenship. I have 'residence' in Massachusetts, an address and bank account etc. and I am not sure if the 3 month 'living in State' rule prior to applying means actual physical presence or residency, which is different.


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## twostep (Apr 3, 2008)

becca wintle said:


> Hi Ina,
> I am interested to find out how your process of Naturalization went? Did you apply?
> I ask because I am also not physically present in the U.S. but intending to apply for citizenship. I have 'residence' in Massachusetts, an address and bank account etc. and I am not sure if the 3 month 'living in State' rule prior to applying means actual physical presence or residency, which is different.


Part of the application is exit and entry dates and they are being matched with official records. An address and bank account does not constitute living there.


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## ina (Feb 26, 2009)

becca wintle said:


> Hi Ina,
> I am interested to find out how your process of Naturalization went? Did you apply?
> I ask because I am also not physically present in the U.S. but intending to apply for citizenship. I have 'residence' in Massachusetts, an address and bank account etc. and I am not sure if the 3 month 'living in State' rule prior to applying means actual physical presence or residency, which is different.


Hi Becca Wintle,

yes, I applied for naturalization back in 2012 and it all went well. I got my citizenship 2 months later, in early 2013. I had left the U.S. back in 2012 and after 2 months of being absent (and no longer having a residence in the U.S.), I went back and applied for citizenship. I listed the address of a friend where I stayed while I filed my paperwork. I stayed in the U.S. for about 4 weeks and right after my biometrics (fingerprint) appointment, I flew back to Europe over Christmas. After I received my interview appointment letter (which was mailed to my friend's address), I flew back to the U.S. and had my interview. The second stay in the U.S. lasted 6 weeks until I received my citizenship. I then flew back to Europe to be with my spouse. In 2014, we both successfully relocated to the U.S. and now live here. So it is possible, but it depends how long you have been absent from the U.S. I was working with an immigration attorney during this process and she guided me along the way. She said my 2-month absence prior to filing the citizenship application is no problem at all. And I had already lived in the U.S. 9 years non-stop before that.


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## becca wintle (Sep 14, 2016)

Thanks Ina, that's helpful, so the 'living in the State for 3 months prior' rule did not mean physical presence, at least in your case then?


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## ina (Feb 26, 2009)

It was ok in my case, but I can't say for sure if they wouldn't mind in your case. This whole presence/absence thing just never came up in my interview. I guess they didn't see it as a biggie that I had traveled to Europe for two months and then came back (also since I hadn't left the U.S. for 5 years prior to that). So it made perfect sense that I visited my family for 2 months. In other words, the interviewer didn't ask me where I was or where I currently was living. We talked about other things and overall it was a very short interview and less stressful than the green card interview with much fewer questions.


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