citizenship eligibility after reentry permit

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lalswa

New Member
I received my Greencard through my daughter's sponsorship on 4/22/2004. The following are my dates of presence in the US
4/22/04 - 6/27/04 (2 mo and 15 days)
11/29/04 - 6/13/06 (18 mo and 15 days)
[Received reentry permit and stayed back in India from 6/14/06 - 5/26/08]
5/27/08 - 12/9/08 (6 mo and 13 days)
5/27/09 - 12/6/09 (6 mo and 10 days)
4/27/10 - 12/4/10(planned) (7mo and 8 days)
5/7/11 (planned) - Until Citizenship Eligibility

My questions are
- When am I eligible for applying for citizenship?
- If I decide to go to India for a 5 months in 2011 instead of the above planned dates, would the citizenship eligibility date change and if it does, what would it be?
- Can the physical presence of 30 months include the pre-reentry permit time physical presence?
- Can the continuous residence requirement of 5 years include any portion of the reentry permit time?
 
Once you resume residing in US you may apply after 4 years and one day instead of 5 years or follow the 30 month requirement, you must be in US for 2 years out of that 4 years and one day with trips not exceeding a year preferably six months to be on the safe side. Any period before the absences that lasted more than a year is not to be included in the Nat'z period.
 
lalswa said:
I received my Greencard through my daughter's sponsorship on 4/22/2004. The following are my dates of presence in the US
4/22/04 - 6/27/04 (2 mo and 15 days)
11/29/04 - 6/13/06 (18 mo and 15 days)
[Received reentry permit and stayed back in India from 6/14/06 - 5/26/08]
5/27/08 - 12/9/08 (6 mo and 13 days)
5/27/09 - 12/6/09 (6 mo and 10 days)
4/27/10 - 12/4/10(planned) (7mo and 8 days)
5/7/11 (planned) - Until Citizenship Eligibility

My questions are
- When am I eligible for applying for citizenship?
- If I decide to go to India for a 5 months in 2011 instead of the above planned dates, would the citizenship eligibility date change and if it does, what would it be?
- Can the physical presence of 30 months include the pre-reentry permit time physical presence?
- Can the continuous residence requirement of 5 years include any portion of the reentry permit time?
Click to expand...
4 years + 1 day after your return on 5/27/08, which would mean anytime after 5/28/2012 provided you don't break continuous residency. The last 364 days of your reentry permit are credited towards continuous residency, hence the 4 years + 1 day rule. Obviously the 30 month physical presence requirement can't include the pre-reentry permit time since that would put you beyond the 5 year statutory period.
 
Bob,

Thanks for your response.
I am a bit confused by the 30month rule. Does it mean that in the last 4 years + 1 day (i.e continuous period time), I need to be physically present in the US for atleast 30months?
If that is the case, it looks like in the last 4 years before May 28, 2012, I would have been physically present for 20months by Dec 4, 2010. As I will be returning back to the US on May 7, 2011, I am assuming I can visit India for around 2months again before May 28 2012, so that I finish the 30month physical presence requirement by this time. Am I correct?
 
lalswa said:
Bob,

Thanks for your response.
I am a bit confused by the 30month rule. Does it mean that in the last 4 years + 1 day (i.e continuous period time), I need to be physically present in the US for atleast 30months?
If that is the case, it looks like in the last 4 years before May 28, 2012, I would have been physically present for 20months by Dec 4, 2010. As I will be returning back to the US on May 7, 2011, I am assuming I can visit India for around 2months again before May 28 2012, so that I finish the 30month physical presence requirement by this time. Am I correct?
Click to expand...
Correct.
 
Hello

My Spouse who is a GC Holder is under the same situation

What eveidence the person has to provide to apply under the 4 year 1 day rule? eveidence regarding that she did not abandon her residence during the absence of 2 years with a re-entry permit.
While sending the N-400, should we mention that this application is sent with a 4 year 1 day rule

Her dates in the US are
(oct 02 TO jan 03;oct-03 TO nov 03 (She got her re-entry permit(Aug 2004 - Aug2006) while she was aborad and in the first year of absence) ;aug 2006 TO feb 2007;jul 2007 TO dec-2007 ; jan 2008 TO nov 2008; 18-jan 2009 TO present

Could anyone tell us, if she is now eligible for citizenship?
 
She will need to show her reentry permit at interview to prove she did not abandon permanent residency status. On her N-400, she should select "other" and mention the statute 8 C.F.R. 316.5(c)(1)(ii) to reflect the fact that she is applying using 4 year + 1 day rule. She may be asked to provide poof of US residency ties for the entire statutory period (5 years).
From the timeline you mentioned, she can apply now under 4 year + 1 day rule.
 
I just want to advise anyone with a re-entry permit to read the information printed in it.

It tells you that it preserves your greencard status, within limits, but does not preserve time for naturalization purposes. The only time that counts for continuous residency after a significant break whether 6 months (that does break it when you can't prove otherwise) or the one year break is the prior 364 days when using the 4 yrs and 1 day rule.

To the original poster:

You broke your continuous residence once and if you do it again you'll have to start over. If currently abroad, you appear to have probably disrupted your residence again. You have a pattern of returning to your home country that will be hard to rebut.
 
Doesn't being out for more than 2 years disqualify one from using the 4 years + 1 day rule?

It looks like viraj3_16's wife had an absence of more than 2 years from late 2003 to Aug 2006.
 
Last edited by a moderator:
Jackolantern said:
Doesn't being out for more than 2 years disqualify one from using the 4 years + 1 day rule?

It looks like viraj3_16's wife had an absence of more than 2 years from late 2003 to Aug 2006.
Click to expand...
The statute states that the applicant is credited the last 364 days out the country for continuous residence for any time greater than one year or more, hence a absence greater than 2 years would not disqualify the applicant.
 
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