Greetings. Those who were subject to the 5-year continuous residence requirement and taken at least one trip abroad which lasted more than 6 months but lass than a year; have you successfully applied the 4 years and 1 day rule in your N400 application?
I've been LPR since 7/2011 but taken a single trip out of the country between 9/2013 to 6/2014 which lasted more than 6 months (but less than 1 year) and which presumably broken my continuous residence. I could argue this at the naturalization interview and present an evidence that I kept my U.S. residence while being temporarily abroad and given the documentation I have I am guessing I would have passed, but to keep my chances higher and not to waste time and money, I'd like to wait until 7/2018 and apply under the 4 year and 1 day rule instead.
I've read many forums and blog posts of immigration attorneys saying that the 4 year and 1 day rule was intended for those who left the country for more than a 1 year, but the Supreme Court has already ruled in a similar case that the above INA provision should be applied to those who stayed abroad for lass than a year as well.
I am interested if there is anyone on this forum who has successful applied under this rule under similar circumstances? Obviously, I could have waited until 6/2019 (5 years since my long trip) to "phase out" the long trip out of my continuous residence requirement, but if there is an option for me to get the citizenship a year otherwise sooner, why not to use it. I am possibly risking delays in my application, especially if the USCIS officer at the interview is not fully familiar with the above rule, but given how long it takes to process N400 these days, I would rather have an application in process sooner rather than later.
I've been LPR since 7/2011 but taken a single trip out of the country between 9/2013 to 6/2014 which lasted more than 6 months (but less than 1 year) and which presumably broken my continuous residence. I could argue this at the naturalization interview and present an evidence that I kept my U.S. residence while being temporarily abroad and given the documentation I have I am guessing I would have passed, but to keep my chances higher and not to waste time and money, I'd like to wait until 7/2018 and apply under the 4 year and 1 day rule instead.
I've read many forums and blog posts of immigration attorneys saying that the 4 year and 1 day rule was intended for those who left the country for more than a 1 year, but the Supreme Court has already ruled in a similar case that the above INA provision should be applied to those who stayed abroad for lass than a year as well.
I am interested if there is anyone on this forum who has successful applied under this rule under similar circumstances? Obviously, I could have waited until 6/2019 (5 years since my long trip) to "phase out" the long trip out of my continuous residence requirement, but if there is an option for me to get the citizenship a year otherwise sooner, why not to use it. I am possibly risking delays in my application, especially if the USCIS officer at the interview is not fully familiar with the above rule, but given how long it takes to process N400 these days, I would rather have an application in process sooner rather than later.