30 months out of 5 years- question

A

andone

Registered Users (C)
I was a full time student in Canada during my 5 years as a TX Permanent Resident.

DUring the 5 years, i have been in TX for less than 30 months.

I have filed for N400, and soon i will have my interview.


Do you think that my being in the US for less than 30 months will be a problem?
 
andone said:
I was a full time student in Canada during my 5 years as a TX Permanent Resident.

DUring the 5 years, i have been in TX for less than 30 months.

I have filed for N400, and soon i will have my interview.


Do you think that my being in the US for less than 30 months will be a problem?
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I believe it will be a problem. basically, you are not even eligible to file the form.
 
reply

Hi,
One of the eligibility criteria for naturalization is to be in US for 30 months during the last 5 years.The INS offier will count the total number of months you were in the US.I think they are very strict about that.They would probaly excuse the more than 6 months but less than 1 year continuous residence requirement,but I dint think they will accept if you do not have a stay of 30 months duration.This is the first thing they calculate when they evaluate your N400 and if u dont meet that they wont go any further.
He would most probably ask you to re-submit the N-400 after your 30 months wait time is over.
 
Last edited by a moderator:
thank you very much for the information guys!

i have one additional question: are the 30 months considered to be until the time I apply for naturalization, or until my interview date?

basically, to the 5 years end when I apply for naturalization or when I have my interview?

thank you again
u guys are great
 
andone said:
thank you very much for the information guys!

i have one additional question: are the 30 months considered to be until the time I apply for naturalization, or until my interview date?

basically, to the 5 years end when I apply for naturalization or when I have my interview?

thank you again
u guys are great
Click to expand...

it is up to the time you file your n400 application
 
one more thing:

-usually, will the INS officer check to see if u meet the 30 months requirement after you file the application?(before the interview)

or

-will they check this requirement at the time of the interview?
 
andone said:
one more thing:

-usually, will the INS officer check to see if u meet the 30 months requirement after you file the application?(before the interview)

or

-will they check this requirement at the time of the interview?
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they normally will review your application form at the time of the interview. they might review your case few days prior to the interview.

not sure if you should even withdraw your case since you know you will be denied for it.
 
i see.

i was kinda hoping that they review the case right after they receive the application.
Then, depending on the review, they would decide whether to interview someone or not.

But i guess what ure saying is that they dont do the actual eligibility calculations until a couple of days before or right on interview day.


well, thanks again for your input.
 
andone said:
i see.

i was kinda hoping that they review the case right after they receive the application.
Then, depending on the review, they would decide whether to interview someone or not.

But i guess what ure saying is that they dont do the actual eligibility calculations until a couple of days before or right on interview day.


well, thanks again for your input.
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the person who applies for n400 should determine if s/he is actually eligible for file the application. they even have a worksheet to determine if the person is eligible or not.
 
I was asked about my extended trip during my interview. I was requested to submit proof of my student status.
 
bashar82 said:
I was asked about my extended trip during my interview. I was requested to submit proof of my student status.
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Did the interviewer accepted your studing abroad and let you receive your citizenship ?
 
i just mailed off the proof the other day. i did have a re-entry permit while i was away and i applied last summer under the 4+1 rule.
 
bashar82 said:
i just mailed off the proof the other day. i did have a re-entry permit while i was away and i applied last summer under the 4+1 rule.
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What is 4+1 rule ?

My situation is like this: I'm studing in my home country full time and I come back to USA only for holidays. I can sent documents that I wast full time student - will they accept it and give me citizenship ? I have strong relationships with USA - my whole family is working in the USA and wy all pay taxes to IRS every year.
 
thrix said:
What is 4+1 rule ?

My situation is like this: I'm studing in my home country full time and I come back to USA only for holidays. I can sent documents that I wast full time student - will they accept it and give me citizenship ? I have strong relationships with USA - my whole family is working in the USA and wy all pay taxes to IRS every year.
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i believe the 4+1 rule is for the people who stayed out of US for more than 1 year and used the re-entry permit to come back.. etc etc

have you been out of the US for more than 1 year?
 
Under the 4+1 rule, you can apply 4 years and 1 day after returning to the U.S. from an extended trip abroad as long as you've applied for a re-entry permit. This is assuming that you had physically lived in America as a PR prior to your departure. I applied 4 years and 1 month after returning to the States. As I had a re-entry permit prior to departure, I recieved one years credit.

Your dates will count against you as you have been spending a considerable time abroad. You must still meet the 30 month physical residency requirement. There is a worksheet in the naturalization packet to determine when you will qualify to apply.
 
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