Four Year plus One Day rule

P

patkt

Registered Users (C)
Hello,
Can anyone please explain to me what is Four Year plus One Day rule while applying for US citizenship?

Thank you,
patkt
 
The following is from "A Guide to Naturalization".

“Continuous Residence” Example
• An applicant became a Permanent Resident on January 1, 1990.
• She lived in the United States for 3 years, then returned to her native country for 1 year and 3
months.
• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent
Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1994.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 1998, 4 years and 1 day after she returned to the United States The last 364
days the applicant was out of the United States count toward her time as a Permanent
Resident in “continuous residence,” but the 3 years in the United States before leaving do
not.
 
Dear UserofImmi,
Thank you for your reply. If the Permanent resident made two visits out of US for 3 months each between 1994 and 1998, can she still apply on April 2, 1998?
What are the maximum number of days she can stay outside the US between April 1994 and April 1998?

Thanks again,
patkt
 
patkt said:
Dear UserofImmi,
Thank you for your reply. If the Permanent resident made two visits out of US for 3 months each between 1994 and 1998, can she still apply on April 2, 1998?
What are the maximum number of days she can stay outside the US between April 1994 and April 1998?

Thanks again,
patkt
Click to expand...
you can not stay more than six months continously out of US in one trip. 4 years 1 day rule applies if you stay outside of US more than six months and less than 1 year, 4 years and 1 day counts from the last entry in the US , Staying outside of the US less than 6 months is not a problem.
 
jattindc1 said:
you can not stay more than six months continously out of US in one trip. 4 years 1 day rule applies if you stay outside of US more than six months and less than 1 year, 4 years and 1 day counts from the last entry in the US , Staying outside of the US less than 6 months is not a problem.
Click to expand...

4 year plus 1 day rule applies only in case you stayed out of US for more than 12 months. It does not apply for stay away from US for period between 6 months to 12 months .
 
boatbod said:
Not according to the very bottom part of section 3 of the USCIS adjudicator's handbook. They say 4yr+1day rule applies to absences from 6 months to 1 year.
Click to expand...


The bottom part says that the applicant is not eligible to apply if he stayed out of US more than 6 months. However he can re-apply under 4 year + 1 day rule from the date he entered the US:
"Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under 8 CFR 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence unless the applicant can establish otherwise to the satisfaction of USCIS.
If the applicant is unable to establish that he/she did not disrupt residence, he/she will be ineligible for naturalization. The applicant will be eligible to re-apply for naturalization, four years and one day from the most recent date that he/she returned to the United States.
 
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Can anyone please tell me when the Permanent resident can apply for citizenship if his date of entries/exit are as follows:
Date of getting permanent Residence : Aug, 1998.

Went out of US Jan,2001
Returned to US: Aug, 2002
Went out of US: May, 2003
Returned to US: Aug, 2003
Went out of US: Aug, 2004
Returned to US: Dec,2004

Thanks a lot!
patkt
 
boatbod said:
Not according to the very bottom part of section 3 of the USCIS adjudicator's handbook. They say 4yr+1day rule applies to absences from 6 months to 1 year.
Click to expand...
the 4yr+1 day rule applies only if you are out of the country for more than a year and you have a re-entry permit.
It clearly states that if your visit was more than 1 yr than the last 365 days out of the country from your previous visit will be taken as your time spent in u.s.a....
google around ..... :)

For some reason i too had a feeling tht it is applicable from 6-1yr,but it is not...
 
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