4 year 1 day rule US Citizenship

[ericcantona7]

Hello all,

I got my GC on April 2005.

I traveled to my home country from June 30th 2007 to Aug 6 2009 but i obtained a re-entry permit. The re-entry permit stated that it was valid from Nov 2007 to Nov 2009.

1. Does that mean that from June 30th 2007 to Nov 2007 my continuous residence still apply?
2. I am planning to apply for US Citizenship on September 2013. Do you think the 4 year 1 day rule applies to me or should I wait till September 2014 to apply?

 

[cafeconleche]

1. No. You definitely broke continuous residence. The permit only preserves your residence so you don't lose your status entirely.
2. Yes, it would seem the rule applies to you.

 

[nwctzn]

I got my GC on April 2005.

I traveled to my home country from June 30th 2007 to Aug 6 2009 but i obtained a re-entry permit. The re-entry permit stated that it was valid from Nov 2007 to Nov 2009.

From the info you provided it looks like you qualify to apply based on the 4 years and 1 day rule; hence, you will become eligible on Aug 7 2013.

 

[Jamesdshit]

4year 1day or at least 5ys?

1. No. You definitely broke continuous residence. The permit only preserves your residence so you don't lose your status entirely.
2. Yes, it would seem the rule applies to you.

HI, I have my GC since 2007, lived in the US t'il june 09 then left until oct 2012, i re-entered as a tourist being afraid theyd take the GC away. I called the USCIS and They told me the GC was still active, then contacted a lawyer and told me that i could live and work but cant live the country anymore. So when would I be able to apply for USC. Thank you Very much.

 

[nwctzn]

HI, I have my GC since 2007, lived in the US t'il june 09 then left until oct 2012, i re-entered as a tourist being afraid theyd take the GC away. I called the USCIS and They told me the GC was still active, then contacted a lawyer and told me that i could live and work but cant live the country anymore. So when would I be able to apply for USC. Thank you Very much.

It looks like you abandoned your permanent residency when you left the US for more than 3 years without a re-entry permit. On top of that, you entered the US with a tourist visa. Are you really sure about your current residency status?

I would first make sure that you are a legal permanent resident right now before even thinking about citizenship. Talk to a professional immigration lawyer who is really an expert about your situation and make sure that you are right now legally in the US.

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[Jackolantern]

HI, I have my GC since 2007, lived in the US t'il june 09 then left until oct 2012, i re-entered as a tourist being afraid theyd take the GC away. I called the USCIS and They told me the GC was still active...

It's only still active because they haven't taken the time to analyze your situation and cancel your green card.

Once you do anything that involves them taking a closer look at your situation, such as applying for citizenship or renewing your green card, they will almost surely discover what happened and order you to leave the US. It is also possible that the next time you travel abroad and try to reenter the US they will notice the anomaly of your entry with a tourist visa with an active GC status and interrogate you about it.

And even if you don't travel abroad, the expiration of your I-94 could trigger a flag that makes them take a closer look at your situation and initiate removal proceedings.

So when would I be able to apply for USC.

You won't ever be able to successfully apply for US citizenship unless you redo the whole green card process as a new immigrant and get a fresh new green card (not renewal of the existing card).