N-400 Residency Questions -

[CharleyDahan]

Hi Everyone,

What are your thoughts on when I can officially file for N-400 safely without having issues.

Green Card - 01/1998
Resided in US (NY) 1995-09/2003

Moved to School (Canada) 09/2003 -05/1/2008 (Never being out of US for more than 5-6 month)
**N-400 Rejection as I was away at school in Canada in ~2004 or 2005
Had I-327 Re-entry permit 2007-2009
Green Card Renewed - 2008

Back in the states permanently (Have residency nullifying letter from Canada - 7/1/2008)
Lived in FL Parents home from 5/1/2008-10/10/2008
Started working and living in TX 10/10/2008.

With the 90 day early submission I'm thinking I can try to submit on either of these three
2/1/2013 (90 day before 5/1/2008 move, no proof of living in parents house)
4/1/2013 (90 day before 7/1/2008 move, no proof of living in parents house, proof of canadian recinding residency)
7/1/2013 (90 day before start of TX Lease/TX Employment).

** note I had an american drivers license and credit card since 2001**

Thanks!

 

[Nancy Mervin]

I think 7/1/2013 will be safest.In case of any doubts you can get things cleared through a infopass appointment with USCIS which you can fix through their website.

 

[BigJoe5]

You have been eligible to file since 5/2/2012, under the 4 yr + 1 day rule [8 CFR 316.5(c)(1)(ii)]. The "remedy" applies to the 6 month breaks as well as the one-year breaks. File now.

 

[CharleyDahan]

You have been eligible to file since 5/2/2012, under the 4 yr + 1 day rule [8 CFR 316.5(c)(1)(ii)]. The "remedy" applies to the 6 month breaks as well as the one-year breaks. File now.

So From what I can tell the 5 yr requirement is that you need to have your green card for more than 5 yrs.

If you break your permanent residency status you need to wait 4yr + 1 day from your return to become eligible again to apply for N-400.

Is that accurate?