Does 4 years and 1 day apply for me?

octopus

Registered Users (C)
Guys, seriously considering applying for the citizenship as soon as possible. I used immihelp.com calculator to determine, when to apply.

In brief, I have been resident for almost 7 years, but that has been interrupted when I went abroad for close to 2 years (applied for reentry permit). I came back and have resided permanently since March 2012.

Took bunch of trips, but nothing was longer than 3-4 months at a time and most of the time I spent in the U.S. in any given year.
This is rundown of my absence, please, see the attachment.

The immihelp calculator told me, that the earliest I can apply is December 2017!
But if the 4 years and 1 day apply for me, shouldn't it be as early as April 2016 ? Next years basically.

What is correct?
 

Attachments

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    Screen Shot 2015-06-27 at 12.38.07 PM.png
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Also, I want to add that as of now, my total # of months spent inside of the U.S. is about 30. I am planning to take some trips before I apply for naturalization next year. At that time I estimate to have about 34 months of physical presence in the U.S. since 2012.
 
@newacct : thank you very much sir

Last thing
I wonder, will any interviewing immigration officer care if he/she sees a very recent chain of trips just before interview?
 
Also, do I have to have proof of continuous residence for all the trips that were under 6 months? It happened in one or two instances that I left the U.S. when my lease ended, spent 3 months abroad, and came back and got a new house. Will that be a problem? Will I be asked to show proof of residence for that "short" time?
 
I'm on the same boat, GC since 2007 through marriage , took bunch of trips since 2007 to 2012, one of those trips was more than a year and 2 of them more than 6 months, hold RP with all the trips. I came back the US for good on Sep 2012 and stay here till now, On Sep 2014 I applied for citizenship under 2 years plus 1 day base on the last trip back on Sep 2012 (which was out for 9 months). I had the interview on may 2015, passed all civic tests but decision could not make and had form N14 required documents to prove not abandon residence. I sent them all stuff I got right the next day of the interview. It's been 45 days now, heard nothing from them, checked status online, it's still at "interview has been schedule" stage. I don't know what to do but just waiting with hope. Anyone have this same experiences please give me some advises, thank you
 
got2go408: if I understand correctly you took no trips since September 2012, right? In that case if you are applying under 2 years and 1 day shouldn't the time before September 2012 be out of scope already? I wonder why are you being given a hard time especially since you held reentry permit during all the long absences.
 
I took no trips since Sep 2012. I think reentry permit just help you at POE, it does nothing for N400. Now I just want a clearly answer from them even a denial so I can have my life moved on, waiting game is not fun at all .
 
Waiting game certainly sucks, I hear you.

I think the statutory period is the last 5 years.
Now I am a bit worried too, because when I had my RP for the 1 year and 8 month trip, as a student that time, I had no real ties to America. I guess it may be safer to just apply after the trips in question are out of the 5 year window (3 years for you)?

I your case it would mean you can reapply immediately if they deny you now.
 
At the interview, I asked the office if I was eligible to apply under 2 years plus 1 day. He said that you can apply but if you take any trip that last more than 6 months since you become a permanent resident no mater that out or in of 5 years window (or 3 years), you are subject to provide more evidences to prove that you did not abandon your residence. I think if I got their denial because I did not maintain my residence then same thing would happen if I reapply next time.
 
Ok I would like to have somebody knowledgeable to confirm that here. Somebody can shed some light on this?

Common sense. You couldn't have residence in the U.S. when you were gone for looong time. How do they want to prove it? I thought this is what the re-entry permit was for, that you clearly declare an intent to come back here.

How they can find one to abandon residence when he/she is coming back with valid reentry permit?
(for which we paid a lot of time & money)

After all, you and me were admitted back after long absence as LPRs. If at the naturalization process they found there was a problem with the readmission as LPR in the first place, they should not only deny citizenship, but also cancel the green cards ...
 
Bottom line, I believe that the USCIS has been incorrect in their decision(s) so far. Unless you have done something illegal you should be approved and granted citizenship. I believe.
 
I think form N14 ,which is require more supported documents, is issued for the purpose of giving them more time to have higher staff to review the application before they can give out final decision. I've done a lot of research on the web and studied that this kind of case is very common and after a long time of delay most of the case they approve and send out the oath letter. Rare cases take long time than others some take like years and some have to have them approved by taking some lawsuit action against USCIS. I will keep mine update for your reference.
 
Good news , I had my case status up date to "Oath Ceremony Will Be Scheduled" today, hope got notice in mail soon.
 
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