4years and 1 day rule :Questions

S

shanchak

Registered Users (C)
More questions -
1)If one applies N400 ,how does the applicant let the USCIS know that it should be considered under 4years - 1day rule? Is it the forward letter with the application?

2)If there is any more than 6 months trips abroad, is it wise to explain the reason in the forward letter? or wait for the interview?



Thanks in Advance

Sorry for not putting a new thread earlier.
 
Many many thanks for the reply.
it helped.
but i have more questions

In the M-467A guide to naturalization, Document checklist following instructions are there.

*If you answer “Yes” to any of Questions 1 through 15 in Part 7 of form N-400, send:
A written explanation on a separate sheet of paper.
*If you answer “No” to any of Questions 1 through 5 in Part 8 of form N-400, send:
A written explanation on a separate sheet of paper.

But in the N400 I do not see 1 through 15 in part 7 or my understanding is wrong.

In Instructions for N 400 and In Document Checklist for Form N-400, Application for Naturalization above mentioned information are not there.
My question is which instruction to follow?Can anyone check this for me to say if I am missing some points, please.
Thanks again.
 
Boat bod,
V imp point noted by you. I have already applied about a month back under 4yr 1 day rule but instead of D I checked A. Can I correct/ change this option to D when I go for interview? I have not received my FP notice after 35 days of mailing my application though others in SanFrancisco DO have received within 20 days or so. Concerned.....
 
Hi RSRK
if you have marked Part 2- A- I have been a Law ful resident for the last 5 years , then I think , that is more correct than marking D.
For 4 years & 1 day rule-A forward letter explanation will be good enough.Again this is my opinion only.
And I am following your case too with your every update.
I think As you have done the finger printing in the beginning of the year they did not ask you for another FP.I heard that finger print is valid for 15 months.
 
Hi Shanchak
Have you applied under 4 yr 1 day rule? If yes, can you please give your timeline and DO
where you have applied? I guess marking "D" should be more appropriate if I explain that I have been LPR since last 10 yrs and filing based on 4 yr 1 day rule under section "xyz" and guideline on page 22 of GTN. Unfortunately I did not mention this clearly in my cover letter, so this correction might make my point. What is other people's opinion on this?
Yes my finger print was taken in Jan 2008 for GC renewal, so I am wondering if they use the same for their investigation and if yes, why have they charged me again. Not that this is an issue but just a thought!
 
I think marking A is more appropriate because it is asking whether the Applicant is a green card holder for last 5 years preceding the date of application of N400.
The first requirement for the eligibility to apply for citizenship is whether the person is 18 years old and green card holder for last 5 years or not.
In part 2 information you can check only one.
If you do not mark A then it goes against eligibility.

It is good that you are green card holder for 10 years but as you have applied under 4 years & 1 Day rule ,the earlier 5 years would not be considered.They will count last 5 years for your continuous residency.
This is my opinion only.
 
Last edited by a moderator:
RSRK said:
Yes my finger print was taken in Jan 2008 for GC renewal, so I am wondering if they use the same for their investigation and if yes, why have they charged me again. Not that this is an issue but just a thought![/QUOTE

Did you send the check of $675 together ? I feel they will take care of this extra money at the time of interview if there is no new Finger print.

Under 4years and &1 day rule cases require more scrutiny so they are sent to NBC.
These cases may require more time than the clear N 400 cases.

Again these are my opinion only.
Click to expand...
 
shanchak said:
I think marking A is more appropriate because it is asking whether the Applicant is a green card holder for last 5 years preceding the date of application of N400.
The first requirement for the eligibility to apply for citizenship is whether the person is 18 years old and green card holder for last 5 years or not.
In part 2 information you can check only one.
If you do not mark A then it goes against eligibility.

It is good that you are green card holder for 10 years but as you have applied under 4 years & 1 Day rule ,the earlier 5 years would not be considered.They will count last 5 years for your continuous residency.
This is my opinion only.
Click to expand...

Shanchak,
I called up USCIS yesterday and they have put in a service request for my non receipt of FP notice. I do not know how this works but they told me to call again if I do not hear from them in 45 days.
Yes, I have paid all of $675 together. I am counting last 5 years out of my 10 yrs of LPR of which 4yr 1 day inside USA + 364 days outside USA on re-entry permit, thus applying both section 316.5 and guideline page 22 of GTN. One of my friend with his wife based in NJ applied on similar grounds and got prompt FP and interview notice within 3 months around March - July 2008 timeline. However they have been rejected -reason? they applied too early- they included the 90 days advantage given to regular 5, 3 yr LPRs.
.
 
Last edited by a moderator:
You must log in or register to reply here.
Top