N-400 Based on 4year 1 day rule.

[kaushashah]

I received my green card on 1/31/2008 based on an immigration file, filed by my grandparents for my mother. I was 11 years of age when I received my green card. My parents surrendered their green cards at US embassy office in India in June 2011. At the time since I was a minor, I stayed in India with them but maintained my LPR status by getting re-entry permits and coming back every 10-11 months and staying in United States for all my vacations. I was enrolled in college in India before I turned 18, so I decided to finish my college and move here. My last exam was July 3, 2017 and moved here July 7, 2017. Below are all the dates for my trips. I wonder if I could be eligible under 4 year 1 day rule? If not, when will I be eligible? Does my parents abandonment of their green card pass on to me? What is the filing fee that your office charges?

Below are my trips for the past 5 years -

2016/09/13 - 2017/07/07 Moved to USA from India
2017/10/24 - 2017/11/01 Vacation in Mexico
2018/10/04 - 2018/10/29 Trip to India
2020/02/15 - 2020/08/10 Went for a wedding, got stuck due to Covid imposed lockdown

I have my tax returns for 2016-2019. I would appreciate your advise on how to move forward and specifically If I would qualify for 4 year 1 day rule.

Thanks.

 

[newacct]

Since your trips were less than 1 year, you either did not interrupt continuous residence (if you can provide strong evidence of ties to the US), or if you did interrupt continuous residence, you would have to wait 4 years and 6 months from the return from your long trip.

Or, maybe they will consider your trips with short stays in the US in between to be one long trip of more than 1 year, in which case you definitely interrupted continuous residence, and you have to wait 4 years and 1 day (if you can provide the same strong evidence of ties to the US that would allow you to not interrupt continuous residence in the case of an absence of between 6 months and 1 year) or 4 years and 6 months (if you cannot).

Either way, to be safe (assuming you probably can't provide the strong evidence), you should wait 4 years and 6 months. So that would be January 2022.