US naturalization, help with time calculations

A

AngFan

New Member
Hello,

I am GC holder. I became resident march 2007. But left Us after 1 month and came back in dec 07. After that I had 3-4 trips outside US lasting no more than 3 months each.
My question is, does the first trip disrupts my continuous residency?
If so, what is the new date I can apply for naturalization? (I read somewhere in this forum 4 year and 1 day after entry US from 6+ months trip, in my case 4 years from dec '07)?
 
The first trip presumes a break in continuous residence unless you can overcome this presumption with sufficient proof (US mortgage/rental, utilities, immediate family in US,files US taxes, etc,,) while you were out of US.
 
AngFan said:
If so, what is the new date I can apply for naturalization? (I read somewhere in this forum 4 year and 1 day after entry US from 6+ months trip, in my case 4 years from dec '07)?
Click to expand...

Bob answered part of this ...
How do you expect to count 4 years 1 day from Dec 2007? You barely spent time in US to get the 364 days credit.
The IO may not care about this first trip. But if he/she makes it an issue, they may determine that you did not establish residency until you returned from this first trip. In that case, you will be counting 5 years (less 90 days) from the time you returned to US.
 
AngFan said:
Hello,

I am GC holder. I became resident march 2007. But left Us after 1 month and came back in dec 07. After that I had 3-4 trips outside US lasting no more than 3 months each.
My question is, does the first trip disrupts my continuous residency?
If so, what is the new date I can apply for naturalization? (I read somewhere in this forum 4 year and 1 day after entry US from 6+ months trip, in my case 4 years from dec '07)?
Click to expand...

Add 4 years and 9 months to your "resident since" date on your card. Now, add 4 years and one day to your return date from the long trip. COMPARE the dates. On the second date that you calculated---have got at least 4 yrs and 9 months as an LPR? IF not, then you cannot use the "4 yr + 1 day rule" because you fall short of the statutory minimum when using INA 334(a) early filing allowance. The regulatory "remedy" is subservient to the "statutory minimum".

However, that is only ONE of the requireements, you still have to meet all the rest. How do those other factor work out for you?
 
BigJoe5 said:
Add 4 years and 9 months to your "resident since" date on your card. Now, add 4 years and one day to your return date from the long trip. COMPARE the dates. On the second date that you calculated---have got at least 4 yrs and 9 months as an LPR? IF not, then you cannot use the "4 yr + 1 day rule" because you fall short of the statutory minimum when using INA 334(a) early filing allowance. The regulatory "remedy" is subservient to the "statutory minimum".

However, that is only ONE of the requireements, you still have to meet all the rest. How do those other factor work out for you?
Click to expand...

If a I add 4 yr and 9 months to my date of becoming PR, it ends up to be january 2012,
if I add 4 years and 1 day to my return from longest trip, still is january 2012.

I fulfill all other requirements I guess;
30+ physical presence
no arrest or other moral issues
filed taxes
registered for SS
 
AngFan said:
If a I add 4 yr and 9 months to my date of becoming PR, it ends up to be january 2012,
if I add 4 years and 1 day to my return from longest trip, still is january 2012.

I fulfill all other requirements I guess;
30+ physical presence
no arrest or other moral issues
filed taxes
registered for SS
Click to expand...

So, you have given yourself a headache over nothing. You meet it the same either way. Choose the later date, add a week and mail the N-400. Depending on the office you deal with if you get interviewed before reaching the FULL 5 years, they would have to delay it anyway before approving it and scheduling Oath.
 
Again, the first trip presumes a break in continuous residency unless you can prove otherwise. If you apply up to 90 days before 5 year residency since date on LPR as suggested by BigJoe you will still have to prove continuous residency for the March-Dec 2007 trip.
 
Bobsmyth said:
Again, the first trip presumes a break in continuous residency unless you can prove otherwise. If you apply up to 90 days before 5 year residency since date on LPR as suggested by BigJoe you will still have to prove continuous residency for the March-Dec 2007 trip.
Click to expand...

No, that is imposing something that does not exist in the statute and is not allowed. It is ultra vires.

[Latin, Beyond the powers.] The doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.

Government entities created by a state are public corporations governed by municipal charters and other statutorily imposed grants of power. These grants of authority are analogous to a private corporation's articles of incorporation. Historically, the ultra vires concept has been used to construe the powers of a government entity narrowly. Failure to observe the statutory limits has been characterized as ultra vires.
 
BigJoe5 said:
No, that is imposing something that does not exist in the statute and is not allowed. It is ultra vires.
Click to expand...

You're saying the notion that a 6-12 month trip that presumes a break in continuous residency unless proven otherwise is not something that is written in the law?
 
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