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Thread: Naturalization requirements

      
  1. #1
    Join Date
    Dec 2007
    Location
    New York
    Posts
    33

    Naturalization requirements

    Hi Guys, I have read the USCIS guide for naturalization. http://www.uscis.gov/files/article/M-476.pdf

    This piece of text isnt clear to me:

    What if I was outside the United States
    for 1 year or longer?


    ...

    If you leave the country for 1 year or
    longer, you may be eligible to re-enter as a
    Permanent Resident if you have a Re-entry
    Permit. but none of the time you were in
    the United States before you left the country
    counts toward your time in continuous
    residence.

    If you return within 2 years, some of your
    time out of the country does count. In
    fact, the last 364 days of your time out of
    the country (1 year minus 1 day) counts
    toward meeting your continuous residence
    requirement.
    My sister has broken her continuous resident because of being almost 2 years abroad. Does this mean that she can apply a year earlier because of the guide saying "If you return within 2 years, some of your time out of the country does count" ??

    Anyone can shed some light on it?

  2. #2
    Join Date
    May 2011
    Posts
    407
    Quote Originally Posted by octopus View Post
    Hi Guys, I have read the USCIS guide for naturalization. http://www.uscis.gov/files/article/M-476.pdf

    This piece of text isnt clear to me:



    My sister has broken her continuous resident because of being almost 2 years abroad. Does this mean that she can apply a year earlier because of the guide saying "If you return within 2 years, some of your time out of the country does count" ??

    Anyone can shed some light on it?
    This refers to the four years and one day rule. Look at the "Continuous Residence" example on page 23 of M-476.

    For how long was your sister in the US as permanent resident before she left?

    Did she re-enter with a re-entry permit?
    Last edited by nwctzn; 22nd January 2012 at 09:26 PM.

  3. #3
    Join Date
    Dec 2007
    Location
    New York
    Posts
    33
    Yes, of course, she had reentry permit. After she became LPR she spent 10 months in the States, then she went on the long trip. Luckily, she was admitted again and now, I think, it is now 2 years she has been here continuously with no trip longer than 6 months.

    Thank you very much for answering my questions!

  4. #4
    Well, it seems like your sister can apply for naturalisation 4 years + 1 day after she re-entered the US after that long 2-year trip, as long as she continues to fulfill the other requirements of naturalisation. She CANNOT apply 9 days before 4 years + 1 day. That does not apply to her.
    *** El Cafe ***

    N400 - NYC (Brooklyn)
    March 12 2010: Sent
    April 7 2010: FP done- walk-in
    August 3 2010: ID decision not made
    December 12 2010: Lawsuit filed under 8 USC 1447(b)
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    April 1 2011: Passport applied, picked up!

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