2 Year 1 day rule (Multiple Re-entry Permits) - does it apply

A

asayani

Registered Users (C)
Hello All,

Hopefully someone here would be able to help me out with this question.

I was out of the country for a little over 5 years. I applied for a Re-entry permit before leaving the US. I received my initial 2-year re-entry permit. I applied for another re-entry permit at the expiration of the first one. I received a second 2-year re-entry permit. I applied for a third re-entry permit at the expiration of the second one and received a 3rd 1-year reentry permit.

I moved back to the states just before the expiration of my 3rd re-entry permit. My question is around the 2 year 1 day rule for N400 application based on being married to a US Citizen Spouse (all other conditions are met).

The N400 guide says,
"
What if I was outside the United States for 1 year or longer?
In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit. 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."

Question is, do i qualify for this 2 year 1 day rule as I was out for a long period but returned before the expiration of my re-entry permit?

Will appreciate all advise.

Thanks
 
The reentry permit doesn't affect your naturalization eligibility, other than preserving your green card while abroad for long periods. You should be eligible to apply with the 2 year + 1 day rule unless you were out of the US for 5 consecutive years (you're supposed to return to the US before applying for the next reentry permit; it's not clear if you did that).
 
Thanks for the response. Yes, I did visit the US to apply for those re-entry permits and for the biometrics appointments for them.

what I am confused by is the wording in the guide that says "if you return within 2 years, some of your time out of country does count"

what is this two year period in my case?

thanks
 
I guess the last time you were out of the US is less than one year, right?
If less than one year(364 days or less), that period of time can count to your continuous residence requirement.
 
Regarding the 2 year/1 day rule, the time that counts is the last 364 days you were out (hence the 2 year/1 day PLUS the 364 days you were out = 3 years).
 
Ok. I guess the only clarity I am looking for is does it matter if I received only one 2-year permit and returned before 2 years were over or as in my case receive multiple 2-year permits and stayed out for an extended time. Do I still qualify for the 2 years and 1 day rule. May be it will help if I put down exact dates:

I131 Received - 09/18/2006 (2 Years)
Travel to US - October 2006 (7 days), Summer 2007 (15 days), Summer 2008 (10 days) , March 2009 (17 days) and May 2009 (5 days)
I131 Received - 06/01/2009 (2 Years)
Travel to US - April 2010 (7 days) and March 2011 (12 days)
I131 Received - 07/19/2011 (1 Year)
Returned to US 06/22/2012

So I returned to the US before the expiration of my last I-131. Now can I use the 2 year 1 day rule?

Thanks.
 
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