Planning to apply for Citizenship. Need help..!

[tvklovesu]

Hello,
I am GC holder, I got my GC in 2000 sep. I returned back to my country (India) in 2000 Oct for continuing my studies with the help of Re-Entry permit. After completing my studies I came back to USA in 2003 Jan 15th which is almost 2 yrs 3 months. I wonder when I will be applicable to apply for Citizen ship.

In the USCIS web site I saw an example which is given in Naturalization guide as below. Based on the example below I calculated for 4 yrs 1 day where I should be applicable to aply by Jan 2007 16th. So any body who are proffessionals in this perticular case think Can I apply now. Is it valid thing or not.

“Continuous Residence” Example
• An applicant became a Permanent Resident on January 1, 1994.
• She lived in the United States for 3 years, then returned to her native country for 1 year and 3
months.
• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent
Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.

Question: When is the applicant eligible for naturalization?

Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364 days the applicant was out of the United States count toward her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not count.

Thanks in advance

 

[happigal]

You should be able to apply for Citizenship now...as long as you meet the continuous residence clause.

 

[tvklovesu]

You should be able to apply for Citizenship now...as long as you meet the continuous residence clause.

Thanks for your reply, I do have another quewstion that

I got married to a L1b girl in Aug 2006. Right now she is residing with me in USA. Do I nee to mention that in my N-400 application. Bcz after i got citizenship I am planning to apply for her as my Dependent. Do you have any idea how to do this.

Thanks

 

[boatbod]

Thanks for your reply, I do have another quewstion that

I got married to a L1b girl in Aug 2006. Right now she is residing with me in USA. Do I nee to mention that in my N-400 application. Bcz after i got citizenship I am planning to apply for her as my Dependent. Do you have any idea how to do this.

Thanks

Two things:
1. As well as continuous residence, you also need to meet the 30 month physical presence requirement.

2. Yes you must include your spouse and her immigration status in your N-400 application form. Its not a big deal, and has no impact on her status, but the appropriate boxes must nevertheless be completed fully (including any prior marriages/divorces).

 

[Anami]

For taking advantage of 4 year, 1 day rule you have to return back to the U.S. within 2 years (mentioned on page 22 of Naturalization guide). Seems like you took 2 years and 3 months, which means that you might have to wait 5 years before you can apply

 

[boatbod]

For taking advantage of 4 year, 1 day rule you have to return back to the U.S. within 2 years (mentioned on page 22 of Naturalization guide). Seems like you took 2 years and 3 months, which means that you might have to wait 5 years before you can apply

8 CFR 316.5 makes no mention of an upper limit to the time out of country. My suspicion is that a Reentry Permit is normally only valid for a period of two years, so maybe thats why the natz guide says what it does.

I would be tempted to go ahead and apply now. Worst case, you are out $400 and have to wait another year.