That thread looks like a case of a confused/incompetent IO.
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4year 1 day rule: proof of ties w/ US still needed??
- Thread starter ungas29
- Start date
That thread looks like a case of a confused/incompetent IO.
iwant2bAmerican
Registered Users (C)
Yes, you can be required to show proof of ties to the US for the year before the 4 year period.
i know this thread is somewhat old, but here goes my question..
could they ask to show ties if an LPR's 5-year absence was over 8 years ago?
upon entry into the U.S. at the airport 8 years ago no questions were asked about anything.
if applying for naturalization, could naturalization be denied and could the PR card be revoked?
iwant2bAmerican
Registered Users (C)
u got to show ties for time away in the statutory period
sorry..is the statutory period the last five years (if there was an absence) or for any absence even 8 years ago?
sorry..is the statutory period the last five years (if there was an absence) or for any absence even 8 years ago?
The fact that you got readmitted is now ancient history. The admission itself is based on the Officers discretion and if you were not turned away, it is an implicit waiver. They cannot reach back that far under the law in the case of AOS by INS/USCIS (see INA 246--there is a 5 yr statute of limitations on rescission of LPR adjustment of status).
Your statutory period is 5 years back from the N-400 filing date for most things. The LPR status is one of them, with the exception of Immigrant Visa Fraud, which can stretch back to the very issuance of the visa. The State Department is not so limited, if one obtained an Immigrant Visa unlawfully, it can be revoked until the end of time.
You are OK.
iwant2bAmerican
Registered Users (C)
On the document checklist for the n-400 it says that if you have been out of the country for more than 6 months since getting GC to show proof of ties to the U.S. with income taxes or mortgage payments, pay stubs. My father has some of those since he came back here to work every year but I have nothing. I was between the ages of 9 and 13 when living abroad.
Jackolantern
Registered Users (C)
You don't need to show proof of ties to the US for absences that were more than 5 years before you apply. So that time abroad when you were between 9 and 13 is irrelevant.
iwant2bAmerican
Registered Users (C)
You don't need to show proof of ties to the US for absences that were more than 5 years before you apply. So that time abroad when you were between 9 and 13 is irrelevant.
on the n400 , one question does say to list all the trips outside of the us since becoming an LPR. why do they want to know if it doesn't matter, and will listing the 5 years (over 1700 days) i was gone 8 years ago raise any questions or cause any issues during my interview or naturalization process?
Because it may matter in some circumstances (for example, in determining whether a 55 year old applicant is eligible for English language requirement exception)on the n400 , one question does say to list all the trips outside of the us since becoming an LPR. why do they want to know if it doesn't matter,
I am wondering if anyone has a USCIS reference to the filing date for the 4 years plus 1 day rule? I could not find any reference to determine if applying 90 days before meeting the requirement is allowed for naturalization.
thanks.
brb
When fulfilling a 5 or 3 year period without a meaningful/significant break in resdience (6+ months or 1 year+), INA 334(a) allows you to file 3 months early of reaching 5 or 3 years (this makes you eligible to file at 4 (or 2) years and 9 months) as an LPR.
When fulfilling a 5 or 3 year period with a break in residence, 8 CFR 316.5(c)(1)(ii) allows you to file 4 yrs and 1 day (or 2 yrs and 1 day) AFTER the significant break, often referred to as the "remedy".
The two early filing allowances are separate from each other and cannot be combined. So, if the application of the remedy to a "6 month but less than 1 year" break makes one fall short of at least the statutory minimum 4 (or 2) years and 9 months then you have to fall back on the regular filing authority under INA 334(a) and wait it out.
EXAMPLE: Fly to U.S. get I-551 stamp in passport to activate LPR status and get back on a plane same day, or shortly thereafter, and go home for 7 months. Return to U.S. and begin residing here. After 4 yr and 1 day, you might only have 4 years, 7 months and a few days. This does not meet the STATUTORY minimum ogf 4 years and 9 months to file an N-400 relying on INA 316(a)'s 5 year requirement using the 3 month early filing afforded by INA 334(a).
EXMPLE: Arrive in U.S. and stay for 2 years or so then go abroad for 9 months and do manage to have a disruptive break in continuous residence that you cannot overcome [i.e., worked abroad for foreign company and took whole family and gave up apartment in the U.S.] with or without a re-entry permit. You wait 4 years and 1 day after returning to the U.S. and have had your LPR status for more than 6 years and 9 months and can use the "remedy" rather than having to start counting another 4 years and 9 months all over again from that last return to the U.S. to meet the N-400 filing requirement.
Last edited by a moderator:
Thanks for the clarification. It is now very clear to me that the 90 day rule does not apply for the 4 year plus 1 day rule when there is a break in continuous residence in the US. I read a post from some one who filed for a client, challenged it and lost the dispute.
http://britishexpats.com/forum/showthread.php?t=353853
http://britishexpats.com/forum/showthread.php?t=353853