Naturalization and Reentry-Permit!! Need Help!!!

[shezy]

Hi

Q1:I am married to a US citizen and after getting green card stayed outside US for 1.5 Years on reentry permit.

As being a spouse of US citizen my time for naturalization was supposed to be 3 years, But it gets discountinue due to reentry permit.

What i understand is once you come back to US on reentry permit, you wait one year less then your waiting time requirement. Like for US spouse it will be 2 year once you come back from reentry permit. ?? Is that Correct??

I am sure i read it some where on the forum but cant find it now, I looked into N400 form and it mentions no option like if you were on reentry permit calculate time like this. I am lost please clearify this for me??

Q2: Is Police or FBI clearance is required to file N400 i see people talking about clearance , when it is used??

Thanks

 

[Jojo72]

In order for people try to give you a good answer they need more info. When did you get your Green Card? When are you planning on filing? When will you be back or are you back already ? Are you overseas due to US government or US company? The FBI check is something they do automatically when you apply for citizenship. You will get fingerprinted and yes the FBI will run your fingerprints and your name through their system to make sure you have no criminal records. It is commonly referred to as "name check" You have no control over it, they just do it. Most people clear very quickly, within a matter of days, but some people have delays for various different reasons.

 

[boatbod]

I believe you are referring to 8.CFR.316.5 (ii) "4yr+1day" rule, which applies to persons with a continuous residence breaking absence over 1 yr. Since you are filing under the 3yr marriage to a USC, you would fall under the "2yr+1day" variation of this benefit.

An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant’s return to the United States to resume permanent residence.​

 

[Jackolantern]

What i understand is once you come back to US on reentry permit, you wait one year less then your waiting time requirement. Like for US spouse it will be 2 year once you come back from reentry permit. ?? Is that Correct??

Yes, except that it is not tied to the reentry permit. Once the continuous residence has been broken, it can be reestablished with 2 years + 1 day after the end of the last long trip if married to a US citizen, otherwise 4 years + 1 day. If you have a reentry permit but you have never spent a year or more outside the US, it is possible that you have not broken continuous residence, and thus would not have to wait 2 years or 4 years since returning from overseas.