citizenship questions: urgent!

helloforum

Registered Users (C)
Please help me with the following questions that I have:

4 years 1 day rule:

I got my GC in Jan 2002. I had an overseas trip that lasted about 7 months. I came back to US in Dec 2002. Since then I had only one trip out of US (to Canada) that lasted only 2 days. I have already completed 4 years 1 day requirement since my extended (6+ months) trip. I am not submitting any additional documents (tax transcripts, rental letter etc.) with my application for my 6+ months trip that caused discontinuity of residence. I wanted to be considered under the 4 years 1 day rule. Did my short trip to Canada (2 days) cause any discontinuity to my 4 years 1 day requirement?

Copy of both sides of GC:


I understand, I need to submit a copy of both sides of my GC. The question might sound a bit silly but my question: a) do I submit two separate pages for each sides of the GC, or b) do I put both sides of the GC on a single page?

N-400 form Page 3, Part 6.A:

For information about residence, do I only type the dates (but not type anything for the address itself) for the current home address? The form has already says "Current Home Address - Same as Part 4.A" on the top line.

N-400 form Page 10, Part 14:

The form says NOT to complete Parts 13 and 14 during submission. Do I still need to type my name in the box (under Part 14) where it says "Printed Name of Applicant"?

Finally, we are putting two envelopes (one for each spouse) in one larger envelop to mail/process our applications together. I assume, it is fine.

Thanks for the help!
 
According to Sec. 316.5 (Residence in the United States) of the Immigration and Nationality Act, only someone who has stayed outside the US for more than a year can, after returning to the US to resume permanent residence, apply 4 years and 1 day after his/her return. I don't believe you qualify.
 
helloforum said:
...
Did my short trip to Canada (2 days) cause any discontinuity to my 4 years 1 day requirement?
...
do I put both sides of the GC on a single page ...
...
Finally, we are putting two envelopes (one for each spouse) in one larger envelop to mail/process our applications together. I assume, it is fine.
...

2 day trip to Canada should not cause an issue in breaking continuous residence. Looks like you should be okay to apply.

I had two pages with front and back copy of GC on each page

One master envelope with two sub-envelopes should be fine.
 
C R S said:
According to Sec. 316.5 (Residence in the United States) of the Immigration and Nationality Act, only someone who has stayed outside the US for more than a year can, after returning to the US to resume permanent residence, apply 4 years and 1 day after his/her return. I don't believe you qualify.

I'd concur with this assessment.

Actually its quite logical if you think about it... why would someone qualify for a 1 year exemption simply because they took a trip that lasted less than 1 year? If that were valid, everyone would go away for 181 days and save themselves 183 days of waiting. :rolleyes:

So basically, you become eligible 5yrs-90days from the day you returned from your long trip.
 
As boatbod has observed, "You become eligible 5yrs-90days from the day you returned from your long trip."

The other option, which I wouldn't recommend, is applying now under the 5-year rule and hoping that you can convince the CIS that your 7-month trip outside the US didn't really disrupt the continuous residence requirement. The chances of success here are quite slim.
 
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