does the 4yr+1day rule apply to my case?

A

arvindkumar1111

Registered Users (C)
Hello,
I became a Permanent Resident in Sept 2002,
Left USA in October 2002 (Stay one month)
Went back to india (out of US for 11 months).
Returned to US in October 2003 and stayed for two weeks.
Applied for a Re-entry Permit and left US in October 2003.
Left for India and Returned to the US in May 2005 (after staying out of US for 19 months).
Since May 2005 I have stayed continuously in the US.
Am I eligible for applying for citizenship, will my last year from May 2004 to May 2005 be counted towards my time for eligibility.
Thank you very much
 
When you apply under 4 years + 1 day rule, make sure to include a cover letter with your application explaining this along with the specific immigration law 8 CFR 316.5 (c)(1)(ii). This will ensure USCIS is aware that you are applying under the specific section covering continuous residence and absences of more than 1 year.
 
You can also mark "D" in Part 2. Information about your eligibility and write in "4 year + 1 day Rule" 8 C.F.R. Sec. 316.5(c)(1)(ii)". I did that instead of a cover letter, but presumably you could do both.
 
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