2 years/4 years + 1 day rule, can someone clarify what circumstances would it be useful for?

H

hopeful_immigrant

New Member
Have a question here, in what way the 2 years/4 years + 1 day rule be useful for?

A. Say someone with a GC went out of the country for 1 year++, got let in somehow, would that person be eligible to use the 2/4 year + 1 day rule for N400?

B. Or for recent GC holder, went to the USA just to activate, went back to home country, then came back to the USA close to 1 year since flight out of USA, then would that person be able to use the rule?

I might have not read as much as i wanted on this topic, so any links, previous threads that could shed some light, would be very helpful. Thanks.
 
A. You can stay out longer than a year with a re-entry permit, and occasionally they do allow people back in who have been out longer than a year even without a re-entry permit.
 
Would it not be applicable for B. ?

And When can you actually start the clock?

Say you went to the USA for 1-2 months, rented a place, got a drivers license, then you left for close to one year and came back, this time to a different place and working permanently, would the clock start when you work permanently? or when you went to the USA for 1-2 months? (that is if you wanna use the 2/4 years + 1 day rule).
 
hopeful_immigrant said:
Would it not be applicable for B. ?

And When can you actually start the clock?

Say you went to the USA for 1-2 months, rented a place, got a drivers license, then you left for close to one year and came back, this time to a different place and working permanently, would the clock start when you work permanently? or when you went to the USA for 1-2 months? (that is if you wanna use the 2/4 years + 1 day rule).
Click to expand...

USCIS is very exact on dates. “Close to one year” of absence is not one year. You would not be eligible to use the rule under this circumstance.
 
Here is the manual excerpt for you

3. Eligibility after Break in Residence
An applicant who is required to establish continuous residence for at least 5 years and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement may apply two years and one day after returning to the United States to resume permanent residence.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3
 
You must log in or register to reply here.
Top