Question on eligibility to apply

T

TheBanditBiker

Registered Users (C)
Hi folks!
I got my GC in May 2004. I took a new job in 2005 and went out of the US to work with a newly formed team overseas for about 2 years. I didn't know enough to get an N470(?) but got a re-entry permit. Even though I kept visiting the US, I stayed out of the US for 7 months on my last leg :(.

I have been in the US since 7/20/2007 without any big breaks (have traveled abroad several times but none more than 8-10 weeks).

I have always filed federal taxes and even paid CA taxes on my overseas income while I worked abroad.

Now for my questions -
1. Given that I came back to the US within 2 years and have been "continuously" staying here since 7/20/2007, will I get the 364 day credit to apply for citizenship?
2. If I do get the credit, I will be eligible by 7/21/2011. Does the 90 day rule apply? So can I file the application by 4/22/2011?

Thanks in advance to your answers and suggestions. I hope to be able to apply in a couple of weeks ...

Here are the exit/entry dates on my passport if that helps answer my questions:

Exit Entry
8/28/04 9/12/04
4/8/05 4/13/05
8/20/05 9/10/05
10/7/05 12/30/05
1/21/06 5/20/06
6/7/06 7/14/06
7/30/06 11/15/06
11/30/06 7/20/07
8/21/07 10/25/07
6/22/08 7/22/08
8/4/09 8/21/09
1/27/10 2/16/10
4/25/10 4/26/10
8/10/2010 9/14/2010

I did an overnight road trip to Canada in April last year that isn't recorded because neither side of the border cared to stamp my passport.
 
TheBanditBiker said:
Hi folks!

I did an overnight road trip to Canada in April last year that isn't recorded because neither side of the border cared to stamp my passport.
Click to expand...

I am hoping someone more knowledgeable will respond to your major issues soon.

I just wanted to say that, out of an abundance of caution, I would report the overnight trip as well. With the RFID chips in the passports, you never know if your A file has a record of that trip. If it does, then not reporting it would be too egregious, in my opinion, relative to the benefit, if any, of not reporting it.
 
javacafe said:
I am hoping someone more knowledgeable will respond to your major issues soon.

I just wanted to say that, out of an abundance of caution, I would report the overnight trip as well. With the RFID chips in the passports, you never know if your A file has a record of that trip. If it does, then not reporting it would be too egregious, in my opinion, relative to the benefit, if any, of not reporting it.
Click to expand...

I plan to report it as well to just to be completely clean.
thanks!
 
TheBanditBiker said:
I did an overnight road trip to Canada in April last year that isn't recorded because neither side of the border cared to stamp my passport.
Click to expand...

It's not recorded in your passport, but that doesn't mean it wasn't recorded in their computer system. If they swiped your passport or green card at the border, it was recorded.

However, the N-400 instructions say you don't need to list trips of under 24 hours.
 
8 CFR 316.5(c)(1)(ii) describes the "remedy" for your break in continuous residence.

The 4 yr and 1 day wait is a remedy to fix it without going through the alternative of trying to overcome the rebuttable presumption as described in (c)(1)(i)(A-D).

The early filing under INA 334(a) does NOT apply in addition to the early filing under 8 CFR 316.5(c)(1)(ii). It is an "either...or" situation and the two CANNOT be used in conjunction with each other.

AND

The regulation CANNOT be used to circumvent the statutory minimum required---this means that IF applying the 4 (or 2) yr and 1 day rule after a long trip results in falling short of the statutory minimum of 4 (or 2) years and 9 months THEN the regulation cannot be used. Regulations are subservient to statutes in the legal hierarchy.
 
How long was the trip that ended on 7/20/2007?

TheBanditBiker said:
If I do get the credit, I will be eligible by 7/21/2011. Does the 90 day rule apply? So can I file the application by 4/22/2011?
Click to expand...

You cannot combine the 4 year + 1 day rule with the 90-day headstart.
 
TheBanditBiker said:
I was out from 11/30/06 till 7/20/07 which is 7 mo 20 days.
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At the end of that trip, did you return to work for the same US employer that you had before the start of that trips? When abroad, did you work for that same US employer, or did you take up other foreign employment?
 
Jackolantern said:
At the end of that trip, did you return to work for the same US employer that you had before the start of that trips? When abroad, did you work for that same US employer, or did you take up other foreign employment?
Click to expand...

I returned to work for the same employer, on US payroll. I was not on the US payroll for the two years I was out though.
I still work for the same employer and my employment start date is still from 2005 (as noted in company records/paystubs etc).
 
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