Introduction

The journey of becoming a United States citizen from the status of a green card holder is complex and varies significantly based on individual circumstances. One question frequently asked is: can someone at 70 years old, who has had a green card for more than five years and has never stayed in the USA for more than three to six months in a year, apply for citizenship? This article delves into the requirements and considerations, with a focus on the physical presence test.

Physical Presence Test and Its Impact

To qualify for naturalization, one must demonstrate that they have been physically present in the United States for a certain number of years and have resided in the country under a green card status. If an individual has spent over 30 months (about 2.5 years) outside the US over a 5-year period, they may not meet the physical presence requirement for citizenship, even if their reasons for being abroad were non-malignant. In the case of our 70-year-old green card holder, spending less than six months in the USA each year would imply a long-term residency abroad, which may raise concerns.

It's crucial to understand that the physical presence requirements are designed to ensure that individuals have a genuine and continuing connection to the United States. If an officer at the port of entry (POE) suspects that an individual is staying abroad for extended periods merely to avoid the physical presence requirement, their green card status could be challenged and revoked.

Legal and Practical Considerations

The legal statutes related to this process are found in 8 U.S. Code Section 1427(c). According to this section, an applicant must have been physically present in the US for at least 30 months out of the 5 years immediately prior to the application for naturalization. This means that the individual has to spend the majority of their time within the borders of the United States, even if it's just a few months each year.

It's important to note that spending time in the US without a valid re-entry permit (REBT) can be a significant issue. An LPR (Lawful Permanent Resident) without a valid re-entry permit cannot re-enter the United States legally, and this can complicate their status and even lead to the revocation of their green card.

Alternatives to Permanent Residence

If the individual intends to maintain a permanent residence abroad and is only planning to visit the US for brief periods each year, another option might be to consider renouncing their green card and applying for a B1/B2 (tourist/business) visa to visit the United States. This is a plausible route if the individual can demonstrate a strong connection to a home country and the intent to reside there permanently.

A B1/B2 visa allows for limited stays (typically up to 6 months at a time) and frequent re-entries, which aligns with the intended lifestyle of visiting the United States occasionally. This option would preserve the individual's immigration status in their home country and offer more flexibility with travel.

Conclusion

For an individual aged 70 with a green card and a history of brief visits to the US, maintaining permanent residence in the United States might be challenging due to the physical presence test. Seeking professional legal advice is crucial when navigating these complex immigration requirements. If the individual prefers a lifestyle that involves frequent visits to the US, they might consider retaining their green card status while maintaining a residence in their home country through a B1/B2 visa. This approach preserves the option to live in the United States in the future while ensuring compliance with immigration laws.