The 4-year 1 day rule is simple. If you break continuous residence (travel outside the US), a new period starts to run when you return. From the day of return, you must stay in America for at least 4-years and a day before you are eligible to reapply for naturalization.
An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for ...
As a permanent resident, you are generally eligible for naturalization after five years. This is the most common way that people apply to become a U.S. citizen. To qualify, you must have lived in the U.S. continuously for the five years immediately preceding the date you file Form N-400, Application for Naturalization.
An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application.
(Boundless has a detailed guide on naturalization eligibility requirements.) To determine your early-filing date, you must find the date on your green card (officially called a “Permanent Resident Card”); add three or five years, whichever is applicable; then subtract 90 days.
Total time to naturalize: 18.5 months to 24 months
This is because some U.S. Citizenship and Immigration Services (USCIS) field offices handle applications much faster than others (see “Understanding USCIS Processing Times” below).
If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a CBP officer at the airport.
A US citizen may remain outside the USA forever if he/she so wishes and will never lose his/her US citizenship. All that citizen will need to do is walk into a US embassy every 10 years and simply apply for the renewal of his/her US passport.
U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.
You may travel to another country, including your home country, provided no other legal impediment precludes you from doing so. However, if a trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization.
USCIS's definition of aggravated felony includes many crimes that you would expect; such as rape, sexual abuse of a minor, drug trafficking, firearm trafficking, racketeering, running a prostitution business, child pornography, and fraud of $10,000 or more.
How Long Can a Green Card Holder Stay Outside the United States? You can stay outside of the U.S. for as long as you want. What you need to avoid, however, is being regarded as having abandoned your lawful permanent resident status.
Expedited Naturalization by Marriage
Hold a green card for three years; Be married to and living with your US citizen spouse for three years; Live within the state that you're applying in for three months; and. Meet all other requirements for US citizenship.
Maximum Period of Authorized Stay
Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.
$1,170. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
Does the United States allow dual citizenship? Yes, practically speaking. The U.S. government does not require naturalized U.S. citizens to relinquish citizenship in their country of origin.
Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.
A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so.
Under normal circumstances, U.S. citizenship cannot be stripped away once it was given – and if it does happen, it does so in limited exceptions. A person can give up their status voluntarily, he/she has wrongfully gained his/her citizenship or was denaturalized forcefully.
Naturalized citizens who acquired their citizenship illegally (were not really eligible for naturalization) or by deliberate deceit (lied or hid important information about themselves) can have their naturalization revoked. (See 8 U.S.C. § 1451(e).)
Return your Permanent Resident Card
You will no longer need your Permanent Resident Card because you will receive your Certificate of Naturalization after you take the Oath of Allegiance.
All green card holders, as long as they meet key conditions, can apply for U.S. citizenship after five years (known as the “five-year rule”) — but those with a U.S. spouse and a green card through marriage can apply after only three years (known as the “three-year rule”).