Called for Naturalization Interview a second time

Guys, I have a question here,

Is all these calculations apply only for absence from United States for 6 months or longer before applying for citizenship?

In other words, I applied for citizenship based on marriage (3 years of continuous residency minus 1 month), I took 3 trips during these 3 years (for 36, 19, 20 days) because my mother is a cancer patient.

Do I have to take these days(total 75 days)out from the three years when I’m calculating the continues residency period, or this rule applies only if I have been out for more than 6 months.

Please post.

Regards,

Moody
 
Absences less than 6 months do not count against continuous residency, so your short trips will have no impact.
 
boatbod said:
Absences less than 6 months do not count against continuous residency, so your short trips will have no impact.
Click to expand...

Thanks for your quick replay,

But all these disscusion made me wooried. i downloaded the guide to naturalization just now. it clearly stated in page#28 to count all the days -even for short trips-outside the U.S when counting the days to be eligable for the citizenship.
 
moody22 said:
Thanks for your quick replay,

But all these disscusion made me wooried. i downloaded the guide to naturalization just now. it clearly stated in page#28 to count all the days -even for short trips-outside the U.S when counting the days to be eligable for the citizenship.
Click to expand...

Maybe I should expand on my comment:

Trips less than 6 months do not break continuous residency, BUT the total number of days spent outside the US must total less than 30 months in a 5 year period. [This applies to regular 5 year wait period, not sure if it is modified for 3 year "married to USC" wait period.]
 
75 days outside the US does not affect you, so you can submit N-400 3yrs (less 90days) from 7/24/01 based on your marriage to a USC.
 
boatbod said:
75 days outside the US does not affect you, so you can submit N-400 3yrs (less 90days) from 7/24/01 based on your marriage to a USC.
Click to expand...

Thanks for your time,

The reality is, if they took these 74 days out of my residency, it will means that I applied earlier 74+28=102 days earlier than the 3 years, not 90 days earlier.

So I applied 12 days earlier than the time I suppose too. I know it’s very confusing, but did you get what I meant?

And i don't know how stuppied they can get with me after 2 years of waiting.

Regards
 
Update

hi guys,

thanks for your comments and support.

i had the second interview today and basically the issue is this:

1. i thought i was eligible to use the last 364 days from my re entry permit time towards time applied for continuous residency.

2. i thought i knew the difference between permanent residency and continuous residence all too well !!

Obviously not the case here...the officer and me discussed this quite a while and the consensus was that i have to re apply...so withdrew the application and put another one in the mail just now...

one question begs to be answered that i cant find anywhere:

the officer told me that if you apply today, you are more than eligible because you came to united states on 3/11/2002 and today is 7/26/2006, which means that so far you have stayed continuously in the US for a period of more than 4 yrs and 1 day.

this is what bugs me....i ve been a perm. resident since 5/23/1995 and had a couple of long absences since then...so my time towards continuous stay started afresh from the last time i stepped on US soil, ie. 3/11/2002.

so, ive been here for 4 and odd years today, never went anywhere, and NOWHERE did i find a timeline that says your continuous physical presence in the US should be this amount of time in order for you to apply for naturalization. so what is this 4 yrs 1 day stay based on??

so im just going by what the officer told me, when i asked her this again, she said you are eligible to apply right now and you should put an application in the mail rightaway..our turnaround time is 90 days, so youll be back in here in no time..

comments, suggestions, critique??? all welcome and thanks...
 
Mera Hindustan said:
hi guys,

thanks for your comments and support.

i had the second interview today and basically the issue is this:

1. i thought i was eligible to use the last 364 days from my re entry permit time towards time applied for continuous residency.

2. i thought i knew the difference between permanent residency and continuous residence all too well !!

Obviously not the case here...the officer and me discussed this quite a while and the consensus was that i have to re apply...so withdrew the application and put another one in the mail just now...

one question begs to be answered that i cant find anywhere:

the officer told me that if you apply today, you are more than eligible because you came to united states on 3/11/2002 and today is 7/26/2006, which means that so far you have stayed continuously in the US for a period of more than 4 yrs and 1 day.

this is what bugs me....i ve been a perm. resident since 5/23/1995 and had a couple of long absences since then...so my time towards continuous stay started afresh from the last time i stepped on US soil, ie. 3/11/2002.

so, ive been here for 4 and odd years today, never went anywhere, and NOWHERE did i find a timeline that says your continuous physical presence in the US should be this amount of time in order for you to apply for naturalization. so what is this 4 yrs 1 day stay based on??

so im just going by what the officer told me, when i asked her this again, she said you are eligible to apply right now and you should put an application in the mail rightaway..our turnaround time is 90 days, so youll be back in here in no time..

comments, suggestions, critique??? all welcome and thanks...
Click to expand...
exactly,thts what the rule is,it doesnt matter if u r in america for a hundred years as a pr,the moment u r out of the country for more than 6 months,the clock resets...sad but true...
 
Mera Hindustan said:
so, ive been here for 4 and odd years today, never went anywhere, and NOWHERE did i find a timeline that says your continuous physical presence in the US should be this amount of time in order for you to apply for naturalization. so what is this 4 yrs 1 day stay based on??
Click to expand...

Very interesting. Found this in M-476 guide to naturalization:

If you leave the country for 1 year or
longer, you may be eligible to re-enter as a
Permanent Resident if you have a Re-entry
Permit. But none of the time you were in
the United States before you left the country
counts toward your time in “continuous
residence.”

Fortunately, if you return within 2 years,
some of your time out of the country does
count. In fact, the last 364 days of your
time out of the country (1 year minus 1
day) counts toward meeting your
“continuous residence” requirement.
​

What I haven't yet been able to do is link this back to the actual CFR or INA which laid down this legislation.
 
You'll find it under 8 CFR 316.5(c)(1)(ii). I came across it while doing research for my 1447b lawsuit.
 
You must log in or register to reply here.
Top