4 year and 1 day rule...

A

ajnabe

New Member
Hi.
I have been following this forum for quite sometime and I really appreciate your efforts in helping out the community.
I have one question,
Here is my case,

I have been a green card holder since 07/2003
came to US in 08/2003
Left US in 09/2003
Came back again in 07/2004
Left in 08/2004
Applied for Re-entry permit for 2 years.
Came back in 06/2006
Left US in 08/2006
Applied for Re-entry permit again as i was still studying in medical school in Pakistan.
Came back in 06/2008
Left in 08/2008 ( after 2 months)
came back in 02/2009- I am here from 02/2009 onwards.

My question is will I be eligible to apply for Citizenship under 4 year and 1 day rule. ??
I have been filling the tax returns, never applied for job abroad. And my basic reason for leaving was to complete my medical school in Pakistan.
The first time I came to US in 2003 I lived only for 1 month and left because I was still in school.

If yes will I be able to apply for citizenship on 06/2012 ( 4 years and 1 day from my return of the long visit i.e: 06/2008, as I left only for5 months after that and did not have any long trip since then )

Please help me out. Thank you
 
Well, it's hard to say. Before you returned in 2009, you didn't spend a good deal of time on US territory (neither consecutively NOR in blocs) so if you apply using the 4 year 1 day rule you could be deemed as having ESTABLISHED residency only after your return in 2009, and therefore possibly ineligible for the 4+1 rule. However, if you can argue that your permanent abode had always been the US the whole time as you were only a student abroad and your family and assets were all here, you might be able to get through. Did you get a US driver's licence, have bank accounts, etc., in the US since 2003, or did you just get those when you came in 2009?
 
thank you for your response.

My immediate family was here. My father and brother were here. I just left to complete my schooling and as soon as I completed it, I came back to US. I did not work there. Meanwhile I was filling the taxes here I have all the tax returns since 2005.
The bank account I opened in June 2008 I guess.

what do you think should I give it a try after 4 yrs and 1 day.? If that gets denied due to the issue of physical presence, will that have any effect on my application for citizenship later on i.e: when I apply after 5 years from June 2008 ( as I did not have any long trips after that )
 
If that gets denied due to the issue of physical presence, will that have any effect on my application for citizenship later on i.e: when I apply after 5 years from June 2008 ( as I did not have any long trips after that )
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You seem to be mixing up physical presence and continuous residence. They are two different things. The physical presence rule is to have 30 months (913 days) of being physically in the US in the past 5 years before you apply. If you didn't travel since returning to the US in 2009, and don't travel this year, you will complete those 30 months in August of this year. The 4 year + 1 day rule is about continuous residence and is a separate requirement.

If denied for lacking physical presence or continuous residence, just reapply when you have enough of both and the prior denial won't have any effect.
 
You can try, and it won't affect you if you're denied. You can then reapply after 5 years.

If you get denied, it won't be for lack of physical presence (have you been mostly in the US since 09? A lot of trips?). It might be for failure to establish residence before 2009, and then a break in continuous residence for that last long trip, or 2 long trips.

Give it a shot, gather as many documents as you can to prove ties to the US, including a letter written by you explaining the situation, and a letter from your parents showing they were supporting you and that you had full access to your home in the US (their home). Don't send these additional documents with the application. Just take them to the interview and provide them if you are questioned.
 
Thank you for your help.

I actually meant continous residence.

My question now is if in case the 4 year 1 day rule gets rejected, i will be eleigible to apply for citizenship in 5 years from 2008 right, because i only went for 5 months abroad after that i had no other trip. So that does not break my continous residence right.? actually i graduated in March 2008 and came here in june 2008 but had to go back in august to solve some drgree issue and give an exam as soon as i finished it i came back here in 2009.

Thank you once again for your concerns.
 
Thank you for your help.

I actually meant continous residence.

My question now is if in case the 4 year 1 day rule gets rejected, i will be eleigible to apply for citizenship in 5 years from 2008 right, because i only went for 5 months abroad after that i had no other trip. So that does not break my continous residence right.? actually i graduated in March 2008 and came here in june 2008 but had to go back in august to solve some drgree issue and give an exam as soon as i finished it i came back here in 2009.

Thank you once again for your concerns.
 
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