Do I have to wait 4 yrs + 1Day before applying for Citizenship?

C

cedarslane

Registered Users (C)
Currently I'm working overseas for a US company and now we are planning to return.

Here are some relevant details:

Received by GC (date on the GC): March 2000
Continuous stay in US: Mar. 2000 to Jan 24, 2003 (35 months)
Out of US since:Jan 24, 2003 to Present

I have applied for N470 (Application to Preserve Residency for Naturalization) before I left for my Overseas assignment.
My Re-entry Permit expired May 2006, applied for a new one. In between I have made 3 trips to US for about a week stay each time.

I do not have the Physical Presence of 30 months in US immediately preceding Citizenship application any more as my stay outside US is more than 3.5 years.

Questions:

1. Can I still apply for Citizenship after staying for 3 months in US on return (planning to return in Aug. 2006)? We want to take a chance.

2. If the application is rejected, should I have to wait for 4 Yr + 1day or can we apply again after 2.5 years? Since I have the N470, with 2.5 years stay I'll fulfill the 30 months physical presence requirement.

I look forward to your responce.

Thanks.
 
Assuming that your N470 was approved, you should be able to apply 30 months after you return to the US. Note that if you make international trips after you return, you will have to delay your application accordingly.
 
Thanks for your response.

What if we apply after we stay for 3 months? Are they very particular about the physical presence test? Also, if we apply and if we are rejected, is there a mandatory waiting period before we can apply again or we can apply after we complete the 30 month stay?

Thanks in advance.
 
Are they very particular about the physical presence test?
Click to expand...

There is every indication that the USCIS enforces this requirement quite strictly.

Also, if we apply and if we are rejected, is there a mandatory waiting period before we can apply again or we can apply after we complete the 30 month stay?
Click to expand...

You can apply as soon as you meet all the requirements. The fact that you had applied earlier and was rejected for not meeting the physical presence requirement is immaterial.
 
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