continous residence again

^ you will have to be fingerprinted and interviewed again. It will take the same amount of time as anyone applying for the first time, in other words they do not put second time applicants in front of first time applicants.
Good luck and hopefully you were not denied. If you find info out on length of appeal and cost will you tell us?

Thanks
 
You might decide to hire a new attorney. I think it was neglectful of him to say your case was straightforward when you clearly had been out of the country for more than a year. He should have joined you at the interview and told you about the 4 year and 1 day rule. Unacceptable IMHO. What is your DO?

ssrr said:
cdcd,

Reg, your question if I mentioned to the IO on the 4year rule.
The answer is No and I did not know this rule either.

I was surprised, when this question was brought up, my lawyer didn't accompany me because he said that my case was very straightforward and that all I needed to do was to pass the test.

Just to add another note, I was with the IO for 40 minutes while he was trying to make a decision.
Click to expand...
 
Hello friends, after knowing SSRR problem, i am really worried, can i apply under 4yrs 1 day rule. last time i was out of usa is for 10 months, which is under 1years. and also i did not register for selective service bet 18 to 26, for this i got a copy of status information letter ,in which they mentioned they have never send a notification for me and now i am 32yrs.This are my details, please tell me can i apply on MAY 04 2008.

got PR on july/4/1999

arrived to USA on july/4/1999 stayed till august/21/1999
took reentry permit and came back on sep/9/2001 stayed till nov/06/2001
came back on oct/21/2002 stayed till nov/03/2002
came back on dec/24/2002 stayed till jun/05/2003
came back on may/02/2004 staying till current date.

please friends reply to this.

Thanks a lot
 
Where were you between August 1999 and September 2001 ... inside or outside the US? Or some combination of both? Please clarify. The way you worded it is not clear. I ask because there may be one thing that messes you up ... it seems you have spent so little time in the US before that series of trips, that they could say you did not start continuous residence in the first place until when you returned finally in May 2004. The 4 year + 1 day rule is for those who have established continuous residence and then broke it; not for those who never established it in the first place.
 
Last edited by a moderator:
cdcd,

Since you are 32yrs old and have a status letter for selective service, you shouldn't have a problem with that aspect of naturalization.

From the Adjudicators Field Guide:
(D) Applicant Older than 31 . If the applicant files after his 31 st birthday, more than five years will have elapsed since his failure to register. Therefore, the failure to register will have occurred outside the period during which the applicant must show that he is of good moral character. This means that even if the applicant willfully and knowingly failed to register with the Selective Service, this fact would not, in and of itself, be a bar to eligibility so long as the applicant has currently satisfied the good moral character requirements of section 316(a)(3) of the Act. However, if the failure to register was willful and knowing, you can consider this fact with other evidence concerning the applicant’s compliance with section 316(a)(3). The applicant should provide the status information letter discussed in the memorandum located in Appendix 74-7.

These applicants must establish that they did not knowingly and willfully fail to register, and should be advised to:

• Call the Selective Service's toll-free number (1-888-688-6888) and complete the Selective Service System's Questionnaire Form (Males born before March 29, 1957 should call 703-605-4047);

• Receive a 'status information letter' from Selective Service;

• Send the status information letter to the USCIS , as discussed in Appendix 74-7.

​
 
What could be an issue is that before 2004, you don't have a single year in which you spent 6 or months inside the US as a green card holder. It possibly could be interpreted as not having established continuous residence for the first time until May 2004. And that might also be the problem with ssrr's case; maybe ssrr's first long trip in 2001 was soon after getting the green card. And since the 4 year + 1 day rule is for people who established continuous residence, broke it, and rebuilt it, you won't benefit from that rule if they say your first continuous residence began for the first time when you returned from the last long trip.

Anyway, it is not clear cut either way, and it is worth a try to apply if you can handle losing the application fee and the time spent on the paperwork. If denied on the basis of continuous residence, it would be denied without prejudice, allowing you to reapply when you have completed what they say you need to complete the continuous residence requirement.
 
Hi Jacklantern,

I got my greencard in 1995, and left the country in 1998 and did 2 re- entry's and came back in 2003, so I did have continuous residence for 3 years and then broke it. I don't know, if this adds a different light to my case.

Thanks
 
ssrr said:
Hi Jacklantern,

I got my greencard in 1995, and left the country in 1998 and did 2 re- entry's and came back in 2003, so I did have continuous residence for 3 years and then broke it. I don't know, if this adds a different light to my case.
Click to expand...
OK, so you definitely had continuous residence before going away on those long trips, unlike cdcd who left on a series of long trips starting less than two months post-GC.
 
I have q for warlord, y u asked me did u take reentry permit for the absence of less then 12 months? even we apply reentry permit for less then 12 months they wont issue, reentry is only for who will be out of the us for more then 1 year?
correct me if i am wrong.
 
cdcd said:
Brothers and sisters comes under immediate family?
Click to expand...

cdcd said:
I have q for warlord, y u asked me did u take reentry permit for the absence of less then 12 months? even we apply reentry permit for less then 12 months they wont issue, reentry is only for who will be out of the us for more then 1 year?
correct me if i am wrong.
Click to expand...

I obtained a re-entry permit to go to the Bahamas for a week in May 2006. I'm a green card holder, and I was under the impression that a re-entry permit was necessary for any travel outside of the US, regardless of duration. Lo and behold, I was asked for my re-entry permit when I entered Bahamas and when I returned to the US. Both times, the re-entry permit was stamped.
 
cdcd said:
I have q for warlord, y u asked me did u take reentry permit for the absence of less then 12 months? even we apply reentry permit for less then 12 months they wont issue, reentry is only for who will be out of the us for more then 1 year?
correct me if i am wrong.
Click to expand...

You don't need a reentry permit for an absence of less than 12 months, but it does help demonstrate prior intent to return to the US.
 
warlord warlord is offline
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Posts: 463
First 8 months of your green card being out of the country could be a problem. Technically you would have abandoned your green card by that and regarless of how long you remained here on your green card after, that first 8 months would mean you had an illegal presence in the US since (even though you were lucky and didn't get your green card revoked upon returning).

Could be a big issue...
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I dont think any illegal in this.
 
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