Residency requirement question

C

cortiz822

Registered Users (C)
Here's my question...is my wife eligible for naturalization with respect to residency requirement?

She got her GC in Oct. 2000.

First entered U.S. on Nov. 1, 2000 went outside U.S. on Nov. 25, 2000 to study in a Philippine university but secured a Reentry Permit in 2000.

She came back to U.S. on Apr. 18, 2002 (509 days from Nov. 25, 2000)
She went outside U.S. on May 27, 2002 to continue study outside U.S.

She came back to U.S. on Apr. 8, 2003 (316 days from May, 27, 2002).
She never went outside the U.S. again since Apr. 8, 2003. (therefore she's been staying in the U.S. for 1,093 days straight = 2 yrs, 11 mos.+)

Is she eligible for naturalization? Is 'YES' when can she apply for naturalization? If 'NO' when will she be eligible?

Thank you so much!
 
Hi there!

If you consult the "Guide to Naturalization" at www.uscis.gov, it seems as if she can apply under the "4 years + 1 day rule", IF she got a new reentry permit in 2002. If I am not mistaken, her first reentry permit should have expired at some point in 2002. Let us assume she renewed her reentry permit before she left on May 27, 2002 (she should have if she was gone for 316 days), then should could apply for naturalization 4 years and 1 day AFTER her return to the United States; meaning April 9th, 2007.

Nonetheless, should this be the case, she has to satisfy all other applicable naturalization requirements for the time in between April 8th, 2003 and April 9th, 2007 (no lengthly absences of 6 months+, physical presence etc. etc.).

Just my two cents....
 
Someone told me that she'll be able to apply for naturalization on April 9, 2007, that is, not counting the April 18, 2002 entry.

Her reentry permit when she went outside the U.S. on May 27, 2002 was still valid until 2003.

Would the "4 yrs & 1 day" rule really start on April 8, 2003 and not April 18, 2002?

Thanks in advance!
 
Does it mean that she won't be able to apply for naturalization on April 9, 2007, that is, after 4 years & 1 day since April 8, 2003?

She never went outside the U.S. since April 8, 2003.
 
JoeF said:
Ignore trolls like qili and n400application who have no useful contributions and only try to provoke flamewars..
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I am not trying to provoke flamewars.

you said that the Uscis helpline is not to be trusted because a) they are not obligated to tell the truth under the US constitution; b) they are not trained in immigration laws; and c) they have expressly waived any liabilities from taking their advices.

Since the same can be said about YOU, I just wanted to know that in your opinion, should we trust you or not? and if yes, why?

You haven't been able to follow your own logic and answer such simple questions for quite a few days. What's up with that? are the questions too difficult for you?
 
qili, what the hell is your problem??? It's really tiring to see you going after JoeF over and over and over and... over again. I come here to read this forum to get information and other people have serious problems that are affecting their lives and are here to seek help. Why not help them out rather than engage in fights on a constant basis?
 
aashn said:
Why not help them out rather than engage in fights on a constant basis?
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sure. making sure people understand how trustworthy an advice-giver like JoeF is is in the first step in taking his advice. So before we buy off what JoeF dishes out, let's hear from JoeF how trustworthy he thinks he is.

and if you are like me who doesn't want to see the question repeated over and over and over again, please join me in asking JoeF how he would apply his own logic to himself.
 
Would it not make a difference if cortiz would be a U.S. Citizen (just in terms if he wife would have to wait 5 yrs or 3 yrs after 2003) ?

Qili ... I guess everybody is getting tired of your all-so-obvious 'JoeF Envie'. If you want to help the OP, join the thread - if not bla ...bla.. bla ...you heard it already many times.

Alex
 
I consulted with an USCIS staff in an InfoPass appointment, basically what they told us was that my wife can apply for citizenship next year April 9, 2007.

On that appointment, we told him that we want to know if my wife is eligible for citizenship this year?

He asked if there are any stay for more than a year, we said yes (Nov. 25, 2000 - April 18, 2002, which is 509 days but with reentry permit).
He made a straightforward answer "She can apply after 4 years & 1 day since her continued stay in the U.S.".

The only thing that I don't quite understand is whether her continued residence would start April 18, 2002 (despite the 316 days stay outside the U.S. since May 27, 2002, which we can prove that she was in a foreign university) or April 8, 2003.

I saw JoeF's reply but I still don't quite understand.

Here are the facts again.
She got her GC since Nov. 2000
She stayed outside the U.S. for 509 days returned April 18, 2002 (but secured a reentry permit valid until 2003)
Went out AGAIN May 27, 2002 for 316 days returned after graduation in a foreign university on April 8, 2003.
She never went outside the U.S. since then.

As for me I'm an H1B on second extension will expire sometime in 2009, my wife filed an I-130 for me, received by the USCIS on July 28, 2005.
Looking at the recent visa bulletin, it's a pretty long shot to get a visa number on FB 2A by 2009. We had a baby this year and I don't want to leave the U.S. when my H1 status expires in 2009, and neither want to stay out of status.

If she can get her citizenship by next year or 2008, we could upgrade the I-130 from FB 2A to an visa number-exempt petition.

I'll appreciate it if anyone can enlighten me on the 4+1 rule.

Thanks!
 
Last edited by a moderator:
Shouldn't it be April 19, 2007?

Since April 18, 2002 to April 18, 2007 is already 5 years.
She's in the U.S. since April 8, 2003 up to present & no plans of leaving the U.S. thereafter.
She would have fulfilled the 2.5 years requirement from April 8, 2003 thereafter.

And from April 18, 2002 - April 18, 2007 there were no stay outside the U.S. for more than a year.

When then is the "safest" date to apply?

JoeF, thanks for the quick responses. I really appreciate it!
 
cortiz822 said:
Shouldn't it be April 19, 2007?
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YES.
Since April 18, 2002 to April 18, 2007 is already 5 years.
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This is inrelevant... doesnt matter if is 5 years, she was out of the countr for more than a year... so her citizenship clock starts all over...
She's in the U.S. since April 8, 2003 up to present & no plans of leaving the U.S. thereafter.
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Inrelevant...
She would have fulfilled the 2.5 years requirement from April 8, 2003 thereafter.
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....
And from April 18, 2002 - April 18, 2007 there were no stay outside the U.S. for more than a year.
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No for one year but for more than 6months... so the citizenship clock starts all over...
When then is the "safest" date to apply?
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April 19, 2006

Do you get it now?
Its not what you want to hear.. but those are the facts...
If you still confuse... then... believe in what you want to hear.... and go ahead an let her file for citizenship... she most likely will get a denial letter and the waste her money..
 
The continuous residence is broken with every single stay abroad over 6 months. So, it was broken by the stay abroad from 2002 to 2003. Because of that, the 5 years continuous residency requirement starts from April 8, 2003.
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Would this excerpt from INA apply to my wife?

8 CFR 316.5 (c)(1)(i)
(1) Absence from the United States.
(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under Sec. 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;
(B) The applicant's immediate family remained in the United States;
(C) The applicant retained full access to his or her United States abode; or
(D) The applicant did not obtain employment while abroad.
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My wife's family were all in the U.S. when she was studying from May 27, 2002 - April 18, 2003.
 
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