Eligilibility Question

S

sivasob

Registered Users (C)
:confused: Hi,
I am a perment resident since 11/01/2002 and based on the 90 days before the 5 years rule, I am eligible to apply for N400 on 08/06/2007. Between these 4.9 years, I went to India for 3 times, a total of 93 days out of country.
If I consider the 93 days out of country, I am definetly not eligible. I was just wondering how does this work? Do I need to consider 93 days for 4.9 years rule? Can someone please help me on this

Thank you in advance
 
Why do you say you are definitely not eligible? Your 93 days out of the country don't have anything to do with the rule of being able to apply 90 days before the 5 years. The only thing you need to worry about trips is that if you do a single trip of over 6 months, that resets your continuous residence clock, and that you have to be in the U.S. for at least 30 months in the last 5 years. Anyway, none of these applies to your case. It is my personal opinion (not legal advice) that you're fine and can apply 90 days before 11/01/2007 (I would recommend to apply 85 days before to avoid any calculation errors, and don't sign the application more than 90 days before your eligibility date, i.e. don't sign it let's say 95 days before).

My 2 cents.
 
I don't see any problem either. Physical residence rules permits up to 900 days out of the country, so 93 days is just a small drop in the ocean. With that few number of day away, there is no way you could have possibly violated the continuous residence rules either, so you have very little to worry about.
 
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