Q & A September 26, 2004
Q & A 1. 2.
Q&A 1.
Two components of residence for naturalization purposes
I received green card in 7/1989. Between 1999 and 2000, I came
to US once every six months; each time stayed about 2 weeks. Starting
2001, I lived in US long-term but often in and out of the country,
therefore, the total days lived in US in 2001 was less than 180
days (actual days was 165) which the longest period part from US
was 3 months.
From 2002 to present, I left US 3 times and each time less than
2 weeks.
Questions:
1. When can I apply for naturalization?
2. I applied for naturalization in 1996 (in other state), but was
denied during interview due to not living in US for 5 years. Will
the prior application affect my future re-application?
Thank you,
Grace Lee
Dear Reader:
1. There are two components of residence for naturalization purposes
-- continuous residence and physical residence. Continuous residence
is a flexible term and individuals who have not been out of the
U.S. for six months at a time can usually establish continuous residence.
Absences of over six months but less than a year can be overlooked
by a naturalization examiner depending upon the reasons given. Physical
residence is not so flexible and the minimum for naturalization
is one half of the required period for eligibility for naturalization.
If your eligibility period is five years, you must establish that
you have at least been on U.S. soil for 913 days in the five years
prior to filing. When you satisfy these components, you can apply
for naturalization although an immigration examiner is still entitled
to question you on the residence issue.
2. A prior application should not affect a future reapplication
under most circumstances.
Q&A 2.
Social Security SSA benefits would be stopped after 30 days
Dear Mr. Lee:
I’m from Shanghai and have had a green card for 4 years. I’ll
be able to apply naturalization in one year. Because I’m a
senior citizen without income, I’m told that I could receive
social security benefit after naturalized and that if I’d
leave country over 28 days, the social security benefit would be
cancelled. I’m not sure if it would be cancelled for that
month I’d leave the country or permanently. If I’d leave
country for 3 months, would I still be able to receive it when I
come back or if not, could I re-apply for it? I’d appreciate
if you could kindly offer your answers.
Reader Gao
Dear reader:
I do not normally answer Social Security questions because that
is not my field of expertise and I can only repeat our conversation
with Pamela, a Social Security representative, at 1-800-772-1213.
She informed us that for permanent residents and U.S. citizens,
SSI benefits would stop 30 days after an individual left the country
and proof would be required to reestablish benefits such as plane
stubs to prove the date of return.
She said that regular Social Security SSA payments (not SSI) for
U.S. citizens born or naturalized, would not stop and would continue
to be sent to the specified address or bank account; however, for
permanent residents, regular Social Security SSA benefits (not SSI)
would be stopped after 30 days and those going out of the U.S. would
have to have proof of the date left and the date returned along
with proof of lawful permanent residence status to reestablish benefits
.
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