Naturalization: return after 2.5 year but before reentry permit expires

A

Ali_zapatax

Registered Users (C)
Dear Friends;
Would you please help me regarding this question?:

I applied for reentry permit at April 2007 and went abroad after 1 week. I received Reentry permit (Issue: sep 2007 & Expire sep 2009) when I was abroad (via one of my friends) .I returned after almost 2.5 years before RP expiration Date ( Aug 2009) . does any of that time count towards my 5 year continuous residency requirements ? to be eligible for naturalization ? can I use 364 days credit for RP?
 
You will get the 364 days credit. And then need to wait for 4 years + 1 day before you are eligible. A couple of things could change this:

#1. Is your case marriage based?
#2. When did you receive your green card?
 
Thanks for reply.
My green card is base on DV lottery
&
I have received it at march 2006.
after I became PR I reside in US for 3 months and then went abroad for 8 months and in my second trip( April 2008) to US I applied for Reentry Permit because of educational purpose.
 
Ali_zapatax said:
Thanks for reply.
My green card is base on DV lottery
&
I have received it at march 2006.
after I became PR I reside in US for 3 months and then went abroad for 8 months and in my second trip( April 2008) to US I applied for Reentry Permit because of educational purpose.
Click to expand...

Actually you have posted in multiple threads, and your question is being discussed in another thread, so I will stop here.
 
GC mama said:
see page 22 on this link.
I'm afraid you cant use 365 credit as u r out for more than 2 years.

http://www.uscis.gov/files/article/chapter4.pdf
Click to expand...
I'm not so sure about that. The part of the law that has the 4 years and 1 day rule it doesn't place a 2-year limitation, and I don't know about any court cases regarding that limitation.

That document is not a law or Adjudicator's manual or court precedent, so some things in there can't be taken too literally.
 
Dear Friends;
I have seen that page before writing my question here. The sentence " If you return within 2 years...." is ambiguous for me. do you know this sentence means "2 years after Reentry Permit issuance date" or " 2 year after leaving the US"? maybe they didn't consider that some people may receive their RP after trip to abroad!
Also ,in other hand, as you mentioned in law that has 4 years+1 days there is no limitation:

" For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with § 316.5(d) , absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2(a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence."

Thanks.
 
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I say go ahead and use the 4y+1d rule and see what happens. I think the evidence for being able to use that rule in your case is stronger than the evidence against. And the worst case is that you'll get denied (assuming no other issues in your record like criminal convictions), not deported, and then you can reapply when it's 5 years minus 90 days since returning to the US after that last long trip.
 
that's right! I have two options. applying after 4 year + 1 day which probably is OK or wait for extra 9 months.as you mentioned,in first scenario the worst case is that they deny my case, so I will apply again after 9 months.let see what happens!
Thanks
 
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