4year and 1 day rule for citizenship

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nidhin0006

Registered Users (C)
Does any one know more about 4 years and 1 day rule for applying for citizenship. This rule is for guys who went outside united states for more than an year....I am in this category. I am wondering is there any conditions or something like I have to stay in uS for this much time before I go outside or anything liek that for this rule....

My situation is like I came to us in april 06 and went to my home country in may 06 and retuned on june07. Can I apply for citizenship 4years and 1 day after june 2011?.


Any help will be much much appreciated...
 
Since u have left the US for more than a year , you would have been eligible to re-enter as a Permanent Resident only if you have a Re-entry Permit. But keep in mind that none of the time that you were in the US before you left will count towards your time in maintaining a continuous residence.The last 364 days of your time out of the country (1 year minus 1 day) will count towards accumulating your continuous residence requirement.
 
There have been a couple of cases where the IO declared that the residency started only when the person returned from the long trip abroad as 1 month was not sufficient time to establish residency in the first place. You can take a shot after 4 years 1 day after your return from the long trip with a minor chance of being denied.

However, do note that you need to meet physical presence requirements (stay in US 30 months) and continuous residence requirements (no big trips, no back to back medium trips).
 
Thanks guys.....I will try applying at the end of 4 yrs and 1 day after my return from long trip ( more than 1 yr trip).....I had made two short trips of 1mnth and the other of 3 week but this doesnt break any continous residency requirements right?.
 
nidhin0006 said:
Thanks guys.....I will try applying at the end of 4 yrs and 1 day after my return from long trip ( more than 1 yr trip).....I had made two short trips of 1mnth and the other of 3 week but this doesnt break any continous residency requirements right?.
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The standard time is 5 years from obtaining LPR status. INA 316(a)

INA 334(a) allows you to file 3 months early at 4 yrs and 9 months. This is the STATUTORY minimum.

8 CFR 316.5(c)(1)(ii) applies only when the result of adding 4 yrs and 1 day would still meet the STATUTORY minimum. If, when you do the math, the LPR time falls short then you have to wait until you reach the bare minimum under the INA. A regulation is lower in the legal hierarchy than the statute.

In your case, the statutory minimum is reached in Jan 2011, BUT that was during the disrupted period so it is no good. Using the regulatory remedy puts your first eligibility in June 2011. On that date in June 2011, count backwards to determine if you meet the PHYSICAL PRESENCE requirement of at least 2 1/2 years inside the U.S. in the prior 5 years working back only to June 2006.

Also, if you have any other issue to consider, don't forget about that also (arrests, failure to pay taxes, failure to register with selective service, child support issues, any immigration violations--whatever).

Good luck.
 
if I went out of US for a vacation of 1 month, this doesnt affect my physical presence right?...but I have a physical presence of more than 2.1/2 years excluding this small vacation I went out....
 
nidhin0006 said:
if I went out of US for a vacation of 1 month, this doesnt affect my physical presence right?...but I have a physical presence of more than 2.1/2 years excluding this small vacation I went out....
Click to expand...

Tabloid psychics and Nostradamus aside, nobody can predict the future. On that date in June, do the math.
 
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