Hi all and thanks for all the information provided here, now I `ve been reading post about continuous residence and the 4 years and one day rule and I`ve seen posts saying that this rule is only applied to trips exceeding one year, but I also read posts saying that it`s valid for trips of 6 months to one year, as long as you have been LPR for longer than 5 years.
Now my question is according to law and what I understand, it only applies to trips of 1 years or more....
(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with Sec. 316.5(d) , absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under Sec. 316.2(a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the da te of the applicant's return to the United States to resume permanent residence. (Amended 9/24/93; 58 FR 49913)
But I also found a letter from the Chief of the Naturalization and Special Projects Branch of the Office of Adjudications dated September 23, 1993: that clearly said that trips of 6 months to 1 year is eligible for the 4 years + 1 day rule, so what`s your position about this???
**letter Appendix 74-13 of adjudicator`s manual
The following is the text of a letter from the Chief of the Naturalization and Special Projects Branch of the Office of Adjudications dated September 23, 1993:
Kiblan & Battles
Attorneys and Counselors at Law
1420 Beverly Rd., Suite 340
McLean, VA 22101
ATTN: Ms. Malea Kiblan
Dear Ms. Kiblan:
Your letter to Mr. Lawrence J. Weinig, Assistant Commissioner, Adjudications, has been referred to me since it concerns a naturalization matter.
You have asked for an advisory opinion in cases where a naturalization applicant has been determined to have broken his/her continuity of. residence for naturalization purposes because of an absence of more than six (6) months but less than one (1) year, pursuant to the language in Section 316(b) of the Immigration and Nationality Act.
Specifically, you would like to know if the first date he/she will be eligible to reapply for naturalization will be four (4) years plus six (6) months from the date of reentry or four (4) years plus one (1) day from reentry.
The correct date would be four (4) years plus one (1) day. This is explained in 8 CFR 316.5(c) (1) (ii).
I apologize for the delay in responding to your letter but, I hope that this information has been of assistance.
In my case I took a trip that lasted 8 months ( back to USA in april 3, 2003 )
and I want to apply april 2007 if possible, saving one year is important for me...I have been LPR since 1998, and If I try anyways to apply what are my chances to be approved, should I hire an attorney to come with me to the interview ???
Thanks a lot for reading....