US Citizenship Eligiblity with Rentry Permit during Green Card Period

[aq4041]

Hi Everyone,
I am newbie to this forum and I really need your help with my Citizenship Eligibility----

1. Received Greencard on April 2005.
2.Relocated to India on Sept 2005 for 15 months. Got Reientry permit before leaving,filed taxes,had a US address etc.
3.Came back to US on December 25th 2006 and have been in US since then.
4.Read somewhere based on USCIS rule, the last one year when I was out of the coutry counts towards continuous residence requirement.

Based on this I am eligible to apply for USC now?

5. My son was born in India in 2006 and now as Green card. Can I also apply for his USC too?

Appreciate your answers

 

[sreeleshk]

do you have an N470 ?

You may be eligible based on the 4 year + 1 day rule, that would allow u to use 364 days of your stay abroad towards continuous residence. december 27th should be the eligible date. assuming you have 30 months of physical presence, registered for selective service(if required to) and been in the DO for 3 months prior to filing. Be prepared to maintain and submit document to show that you maintained ties with america while you were away and that america was your primary residence.

 

[BigJoe5]

do you have an N470 ?

You may be eligible based on the 4 year + 1 day rule, that would allow u to use 364 days of your stay abroad towards continuous residence. december 27th should be the eligible date. assuming you have 30 months of physical presence, registered for selective service(if required to) and been in the DO for 3 months prior to filing. Be prepared to maintain and submit document to show that you maintained ties with america while you were away and that america was your primary residence.

You don't need to show ties to the U.S. while you were away. That requirement does not exist when you wait out the required time, which you have done. See 8 CFR 316.5(c)(1)(ii).

Your greencard holder children who reside in the U.S and are under 18 that qualify as your legal biological or adopted children get citizenship when the first parent naturalizes. What is the status of your spouse (the other parent)? See NA 320.

 

[sreeleshk]

You don't need to show ties to the U.S. while you were away. That requirement does not exist when you wait out the required time, which you have done. See 8 CFR 316.5(c)(1)(ii).

Your greencard holder children who reside in the U.S and are under 18 that qualify as your legal biological or adopted children get citizenship when the first parent naturalizes. What is the status of your spouse (the other parent)? See NA 320.

Joe,

I used the 4year + 1 day rule to demonstrate my eligibility. in 2004 i went to india and came back on the second of feb 2006. the trip was 22 months long. I was asked questions that i had to prove that my time away was temporary and that i wanted to live in america and america was my primary residence. they (IO) asked specific questions about my taxes filed while i was abroad. why i was away ( i was at school when i got my gc, i had to wait till i completed my school and graduated) they also asked me to show utility bills (i didnt have any under my name, as i was living with my parents), bank statements(i didnt have a bank account at the time), lease or mortgage (again nothing at my end).

 

[BigJoe5]

Joe,

I used the 4year + 1 day rule to demonstrate my eligibility. in 2004 i went to india and came back on the second of feb 2006. the trip was 22 months long. I was asked questions that i had to prove that my time away was temporary and that i wanted to live in america and america was my primary residence. they (IO) asked specific questions about my taxes filed while i was abroad. why i was away ( i was at school when i got my gc, i had to wait till i completed my school and graduated) they also asked me to show utility bills (i didnt have any under my name, as i was living with my parents), bank statements(i didnt have a bank account at the time), lease or mortgage (gain nothing at my end).

Well, you had a bad Adjudication Officer. That is not legally required. You were uninformed about your legal requirements and your legal rights and caved in to unjust intimidation and abuse. Don't pass along that it is a legal requirement when it is not. IF you knew your rights and exerted them, you would have prevailed. I know because I was a Naturalization Supervisor. I have chastised overzealous Officers quite a few times over the years.

 

[Jackolantern]

You can apply now with the 4 year + 1 day rule. Be prepared to show ties to the US during that last year before you returned (i.e. Dec. 2005 to Dec. 2006).

Your son will automatically derive citizenship when you complete the naturalization process, if he is living with you in the US in your legal and physical custody (legal custody is presumed if you're married and living with his other parent, so you don't need custody papers unless you're divorced or separated). You only will need to apply for proof his US citizenship, which is a US passport and/or N-600.

 

[Jackolantern]

You don't need to show ties to the U.S. while you were away. That requirement does not exist when you wait out the required time, which you have done. See 8 CFR 316.5(c)(1)(ii).

When using the 4 year + 1 day rule, it is common to have to prove ties to the US during the last year before returning to the US.

The CFR you referenced doesn't state there is an exemption from having to prove ties of residence during that period, it only says the applicant may apply at 4 years and 1 day. Remember the overriding requirement is 5 years of continuous residence, which would include some or all of that last long absence for somebody who is using the 4y+1d rule.