Eligibilty for US Citizenship, confused need advice Please..

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Pinoy2011

Registered Users (C)
Hello to everyone, I hope I am welcome here,


To start,

I obtained my green card April 15, 2005

I left USA on Aug 18, 2005 - Aug 27, 2005 to Canada for a visit,

then I secure a re-entry permit and left Nov 20, 2005 - Feb 05, 2007

Then I left a again, Dec 06, 2008 - Jan 16, 2009

Then again Dec 07, 2010 - Jan 10, 2011


My question is am I eligible to apply for citizenship?

I have side trips to Singapore and Hongkong do they count as well?


how do you count those 4 years and 1 day? by day or by month?


Hoping for your kind response:D
 
depends what you basis you filing N 400 ....5 yrs of being a p.r rule? or 3 yrs rule (married to a usc?)
 
Since you ask about 4 yrs and 1 day, I will assume that you will apply based on 5 yrs LPR status.

The trip of Nov 20, 2005 - Feb 05, 2007, broke residence for sure. Using 8 CFR 316.5(c)(1)(ii), the residence is restored on Feb 6, 2011. It is safe to file on or after Feb 7, 2011, to avoid any possible confusion, if otherwise eligible.
 
Pinoy2011 said:
Hello to everyone, I hope I am welcome here,


To start,

I obtained my green card April 15, 2005

I left USA on Aug 18, 2005 - Aug 27, 2005 to Canada for a visit,

then I secure a re-entry permit and left Nov 20, 2005 - Feb 05, 2007

Then I left a again, Dec 06, 2008 - Jan 16, 2009

Then again Dec 07, 2010 - Jan 10, 2011


My question is am I eligible to apply for citizenship?

I have side trips to Singapore and Hongkong do they count as well?


how do you count those 4 years and 1 day? by day or by month?


Hoping for your kind response:D
Click to expand...

As BigJoe wrote, this is a pretty clean case were the 4 years plus 1 day rule applies and you will become eligible to file N-400 four years and one day after the date of return from the Nov 20, 2005 - Feb 05, 2007 trip. So as of Feb 7, 2011 it should be OK for you to file N-400, although you may want to wait a few extra days, just in case.
 
just a follow up, im done filling up the form and photocopied my green card and passport photos, I am just confused with regards to the proof of ties, my parents are in the United States when I left for a Year, should I use their tax transcript and add mine and copies of pay stubs or rent mortgages and mail it with my application?
 
Pinoy2011 said:
just a follow up, im done filling up the form and photocopied my green card and passport photos, I am just confused with regards to the proof of ties, my parents are in the United States when I left for a Year, should I use their tax transcript and add mine and copies of pay stubs or rent mortgages and mail it with my application?
Click to expand...

That is irrelevant and not required. You are not trying to overcome a rebuttable presumption, you have waited out the required amount of time instead.
 
thank you Big Joe, you are a big help, I been having sleepless nights because I want to finish this N400 quickly so I could file my Fiancee coz shes pregnant right now, thank you so much!
 
In cases where the person was outside the US for over 1 year, even though you had a re entry permit USCIS requires you to produce that you still had ties to the US during that time. You will need to carry along tax transcripts of your parents, and I am sure they will show that they claimed you as a dependent for tax credit. That should suffice as ties to the US.
 
brb2 said:
In cases where the person was outside the US for over 1 year, even though you had a re entry permit USCIS requires you to produce that you still had ties to the US during that time. You will need to carry along tax transcripts of your parents, and I am sure they will show that they claimed you as a dependent for tax credit. That should suffice as ties to the US.
Click to expand...

Please provide the statutory and/or regulatory authority to support that supposition.
 
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