N-400 Application - 4 Years + 1 day rule

[lr6469]

Hello all,

I am looking at the rules for submitting my N400 application. Here is my situation:

My wife and I have a green card since 2002. In July 2006 I got a job for a US company in Italy. We therefore got a re-entry permit (to make sure we maintained our green card) and left the US. We are aware that we broke the residence continuity by leaving.

During the course of 2007 I traveled many times to the US. Eventually in August 2007 my wife moved back permanently to the US and I followed her in November 2007

These are my questions:

1) When does the clock start counting for the 4 years + 1 day rule. In the case of my wife I assume it would start from when she moved back in August 2007. In my case would it start in November 2007 or in one of the previous travel that I took during 2007?

2) When I submit the N-400, do I get a 90 days allowance or should I wait exactly for the 4-Years and 1 day?

3) In the N-400 there is no box to check for 4-Years + 1 day. Should I check the 5-Year rule and explain in a separate letter or should I check "Other" and explain it there?

4) As far as travels outside the US for the previous 5 years should I include the time between the 4 years and 1 day and 5 Years (basically the 364 days before our return here)?

5) Our son was born in January 2007, in Italy. He got a green card right at the airport when we came back. How do we apply for his citizenship since he is less than 18? Will he get automatically if/when we are naturalized?

Thank you all in advance for your feedback

 

[Jackolantern]

1. List all the trips in 2006 and 2007 so we can figure that out.

2. No, the 4y+1d rule doesn't allow a 90 day headstart.

3. Other, 4 years and 1 day rule, 8 CFR 316.5 (c)(1)(ii)

4. You need to list all trips since becoming a permanent resident, and calculate the total number of days outside the US in the past 5 years.

5. He will automatically become a US citizen when you or your wife is naturalized, assuming all the other conditions of the Child Citizenship Act are satisfied. Then after you get the naturalization certificate you can apply for his citizenship certificate with N-600, and/or get him a US passport. If your going to obtain both for him, most people apply for the passport first since it is faster and cheaper than the certificate, and the certificate can't be used as a travel document (although a few years ago it could be used to enter at a land border or sea port). The main advantage of the certificate is that it doesn't expire.

 

[lr6469]

1. List all the trips in 2006 and 2007 so we can figure that out.

First of all, thanks for the reply.

This is the list of trips. Note that after Oct 29 2007 I virtually came back for good (rented a house, etc.).
The first trip at the bottom (10-Jul-2006) is when I actually left the US with a re-entry permit request filed (got the actual permit in Oct 2006)

My wife entered with me on Aug 22 2007 for good

Leave US ---------- Enter US ---------- Days Out
30-Sep-07 ---------- 29-Oct-07 ---------- 29
1-Sep-07 ---------- 28-Sep-07 ---------- 27
27-Jul-07 ---------- 22-Aug-07 ---------- 26
15-Jul-07 ---------- 24-Jul-07 ---------- 9
20-Jun-07 ---------- 12-Jul-07 ---------- 22
24-May-07 ---------- 13-Jun-07 ---------- 20
2-May-07 ---------- 15-May-07 ---------- 13
26-Mar-07 ---------- 17-Apr-07 ---------- 22
10-Jul-06 ---------- 19-Mar-07 ---------- 252

In the N-400 do I need to list all trip since 2002? Not sure I have a record that goes that far... Can I wing it?

 

[Jackolantern]

You could apply now since it's already more than 4 years and a day past the 252-day trip. But then you'd have to hope they won't deny you based on the back-to-back trips throughout 2007.

To be safer, apply on or after October 30 this year (Aug 23 for your wife since she returned before you in Aug 2007), so those back-to-back trips will be outside the 4 years.

 

[baikal3]

In the N-400 do I need to list all trip since 2002? Not sure I have a record that goes that far... Can I wing it?

The question in part 7C of N-400 asks very clearly and unambiguously:

"List below all the trips of 24 hours or more that you have taken outside of the United States since becoming a lawful permanent resident"

So that is exactly what you should do.

If you don't remember the exact dates for older trips, approximate dates (given in the month/year format) are OK.