Do you need to have a re-entry permit to qualify for the 4 year one day/2 year one day rule?

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From_SC_to_TX

Registered Users (C)
My naturalization application would be based on marriage to a USC and I know 3 years minus 90 days of permanent residency is required in regular cases.

For naturalization purposes, can only people with re-entry permits get naturalized by this rule or does it apply to anyone who got admitted back into the US because they didn't spend a whole year outside the US at a time? Do people WITHOUT a re-entry permit have to wait 3 years after their long absence or only 2 years and 1 day?

I had a long absence from the US without a re-entry permit (10.5 months and then 3 months - long story). When can I apply for naturalization? 2 years plus 1 day afterwards or 3 years minus 90 days after my absences?
 
From_SC_to_TX said:
My naturalization application would be based on marriage to a USC and I know 3 years minus 90 days of permanent residency is required in regular cases.

For naturalization purposes, can only people with re-entry permits get naturalized by this rule or does it apply to anyone who got admitted back into the US because they didn't spend a whole year outside the US at a time? Do people WITHOUT a re-entry permit have to wait 3 years after their long absence or only 2 years and 1 day?

I had a long absence from the US without a re-entry permit (10.5 months and then 3 months - long story). When can I apply for naturalization? 2 years plus 1 day afterwards or 3 years minus 90 days after my absences?
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REP is not required. The remedy applies. Individual cases are all different.
 
No, the re-entry permit would just aid an LPR in getting back into the country (until the border). If you qualify for the 4 year 1 day rule or 2 year 1 day rule, it has nothing to do with the RP. You will still have to have been married to the US for 3 FULL years, and you would not be able to send in the application 90 days before the 2 years and 1 day.
 
In addition, I already have been an LPR for over 3 years. Continuous residence is my only problem and I don't know if I could go ahead and apply or if I should wait for another year. I came back almost 2 years ago so I already have 18 months of physical presence. I keep receiving conflicting information on this. I asked a lawyer, he said I should wait another year, I asked the USCIS, they said I could apply after 2 years and 1 day after I returned.
 
I have been married to my husband for a lot longer than 3 years so that wouldn't be a problem...I know I cannot apply 90 days prior if I want to use the 2 year 1 day rule. So does it look like it does apply to me?
 
What confuses me is that I thought the general rule is that you cannot have absences between 6 months and 12 months on your record in the past 3 years. And now it looks like they do allow you to naturalize with such a long absence at the beginning.

Should I prepare some evidence for the interview so that I could explain the situation or they won't ask? I am a military spouse btw (my absence was not on orders, that's the issue) and people say USCIS doesn't want to mess with military people. I just don't want to get denied though.
 
Make sure to state on application that you are applying using the specific remedy under INA 316 if you plan on using the rule.
 
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