Naturalization: return after 2.5 year but before reentry permit expires

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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 have reset your clock after a 2.5 year absence. When did you become a resident? Depending on that, you will probably be eligible for the 4 year 1 day rule (364 day credit), so assuming that's the case, you can apply in August 2013.
 
I became resident since march 2006. stayed 3 months at US then came back to my country for 8 months. at second trip to US I have applied for reentry permit because of my education situation. would you please tell me why that time depends to date of residency?
Thanks for your reply.
 
Last edited by a moderator:
Ali_zapatax said:
I became resident since march 2006. stayed 3 months at US then came back to my country for 8 months. at second trip to US I have applied for reentry permit because of my education situation. would you please tell me why that time depends to date of residency?
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In your case it's not relevant, because you spent over a year outside the US.

But the point is that you cannot use the 4 year + 1 day rule to circumvent the requirement to have a GC for 5 years. So for someone who goes away for 7 months (for example) immediately after receiving their GC and is found to break continuous residence, they cannot then apply 4 years and 1 day later and get citizenship before completing 5 years.
 
I know that my continuous residency has reset because leaving 8 months to abroad and also 2.5 years. my question is that I have to wait for 5 years or 4 years + 1 day after return to US. do you know what is the different between me and other applicant witch use reentry permit credit?is there any law regarding my case?
 
If you spent two and half years abroad, you get one year credit; everything else does not count toward citizenship time
 
Does anyone know where the 4 years 1 day rule came from? What's the reasoning behind it, and why 4 years and 1 day? It's just a bit obscure.
 
Dear Friends,
Thanks for your help. totally I understood that I can Use 364 days credit and I can apply at Aug 2013 (after 4 years+1 day) for naturalization.If there is another opinion please let me know.
 
Ali_zapatax said:
I became resident since march 2006. stayed 3 months at US then came back to my country for 8 months. at second trip to US I have applied for reentry permit because of my education situation. would you please tell me why that time depends to date of residency?
Thanks for your reply.
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Depends if the IO considers that you established permanent residence in the US in 2006. If you established residence in 2006, then you can apply 4 yrs + 1 day after your return. Otherwise, it is 5 yrs - 90 days since establishing permanent residence (assuming of course you aren't doing these touch-and-go trips to the US since Aug 2009)
 
cafeconleche said:
Does anyone know where the 4 years 1 day rule came from?
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http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30706.html
(ii) 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. 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. (Amended 9/24/93; 58 FR 49913)
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What's the reasoning behind it, and why 4 years and 1 day? It's just a bit obscure.
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I don't know what the reasons were, but I suppose it's because they wanted to give people a break so they don't have to wait out another 5 years. And perhaps the intention was "more than 4 years" so they just made it "4 years and 1 day" to be explicit.
 
Thanks. Do you know how can I prove that I established residence in 2006? I have Rental contract for that 3 months and also obtained driver license and bank account since 2006. are these items enough for IO to consider me as permanent resident since 2006?
 
You don't have to prove anything for 2006. But you may have to prove ties to the US during the last 364 days of that long trip, if you use the 4y+1d rule.
 
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