Applying N-400 after Re-entry permit

G

GC mama

Registered Users (C)
We are about to apply N-400 after using reentry permit. We are using 4 years + 365 day credit.
if any one with this scenario ,we would appreciate if you can share any info.
thanks

Timeline:
GL holder for 8 years.
1st July 2006 entered US with reentry( stayed out of us 1 1/2 years)
Eligibility for N-400 1st April 2010.( - 90 day rule)
 
The minus 90 days does not apply when using the 4 years + 1 day rule. You have wait out the full 4 years and a day, so that would be 2nd July 2010.
 
Jackolantern said:
The minus 90 days does not apply when using the 4 years + 1 day rule. You have wait out the full 4 years and a day, so that would be 2nd July 2010.
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Are you sure about this rule? I did not see it mentioned anywhere.
thanks for giving valuable info.
 
Yes I am sure.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30706.html
(ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § 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 § 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 date of the applicant's return to the United States to resume permanent residence. (Amended 9/24/93; 58 FR 49913)
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But it did not specify that 90 day rule cant be used.
I think any one who is eligible can file 90 days before, is that not right?
 
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This is a special rule, for which they are explicitly telling you when you can apply: 4 years and 1 day after you returned from your trip that broke continuous residency. Instead of 90 days of credit, you get 364 days.
 
GC mama said:
But it did not specify that 90 day rule cant be used.
I think any one who is eligible can file 90 days before, is that not right?
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It's been discussed numerous times before on this forum that the 90 day rule does not apply with 4 year +1 day rule. It's up to you if you want to follow the advice or not.
 
Yes me too feel 90 day credit cant be applied here. Do we need to prove the residency during the period out using re entry?
Will that complicate the chances of approval? or is it good to file as spouse as US citizen?
which one is better? 4 yrs + 1 day or 3 years as spouse of US citizen.
I really appriciate your advice.
thanks is advance.
 
GC mama said:
Yes me too feel 90 day credit cant be applied here. Do we need to prove the residency during the period out using re entry?
Will that complicate the chances of approval? or is it good to file as spouse as US citizen?
which one is better? 4 yrs + 1 day or 3 years as spouse of US citizen.
I really appriciate your advice.
thanks is advance.
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if you qualify for naturalization based on marriage of at least 3 years, then you can apply 2 years and 1 day following your return to resume residency. if that's the case, then you can go ahead and file.
 
i applied on the basis of 4 years plus 1 day rule i applied 90 days earlier..my 4 years plus one day date was dec 4 2009 i applied on sept 15....imy naturalization process is about to finish i ve my oath on april 15th so the 90 day rule does apply.
 
wubzzy said:
i applied on the basis of 4 years plus 1 day rule i applied 90 days earlier..my 4 years plus one day date was dec 4 2009 i applied on sept 15....imy naturalization process is about to finish i ve my oath on april 15th so the 90 day rule does apply.
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did you have any absences of more than 1 year?
 
Wow Wubzzy, can you give some details? are you out of the country for more than one year?
Did they ask anything about residence in the interview?
 
the 90 day does not apply when you are applying based on the 4y + 1 day rule. One of relatives got rejected on the day of interview because he applied 90 days before the 4y + 1 day anniversary. the IO told him that he should have applied after completing 4y + 1 day, and that the 90 day does not apply.
 
wubzzy said:
i applied on the basis of 4 years plus 1 day rule i applied 90 days earlier..my 4 years plus one day date was dec 4 2009 i applied on sept 15....imy naturalization process is about to finish i ve my oath on april 15th so the 90 day rule does apply.
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The 90 day grace period does not apply with 4 year + 1day rule. USCIS can still pull you aside at oath if they catch their mistake by then, otherwise consider yourself lucky.



If a break of a year or more occurs, the earliest possible naturalization filing would be four years and a day from reentry. (This rule cannot be combined with the 90-day rule mentioned above).

http://www.murthy.com/pr_thngs.html
 
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Your Assistance Requested

Dear sir,


I got my permanent resident (green Card) in september 2007.

I left USA in oct 2007 on travel document for two years.

I again arrived USA in Aug 2009.

I left USA for two months in July 2010.

I arrived USA in Sep 2010.

I left USA Dec 2010 and arrived March 2011.

When I am eligible for appling Citizenship.


Regards

Shehnaz
 
Dear sir,



I got my permanent resident (green Card) in september 2007.

I left USA in oct 2007 on travel document for two years.

I again arrived USA in Aug 2009.

I left USA for two months in July 2010.

I arrived USA in Sep 2010.

I left USA Dec 2010 and arrived March 2011.

When I am eligible for appling Citizenship.


Regards

Shehnaz
 
sajjad.khawaja said:
Dear sir,



I got my permanent resident (green Card) in september 2007.

I left USA in oct 2007 on travel document for two years.

I again arrived USA in Aug 2009.

I left USA for two months in July 2010.

I arrived USA in Sep 2010.

I left USA Dec 2010 and arrived March 2011.

When I am eligible for appling Citizenship.


Regards

Shehnaz
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IF you are done wandering, add 4 yrs and 1 day to your return date in Aug 2009 (or 2 yrs and 1 day IF you will have been married to a USC for FULL 3 yrs or more on that filing date).
 
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