When can I apply for citizenship?

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cici

Registered Users (C)
Hi,

Becase of family crisis back at my home country, I have been travelling between USA and HK for several times the past few years. I don't know if I meet the requirement of "Residence and Physical Presence" (continuous residence). Thus, I need help on determining the date that I can turn in the N-400 application. Please help me if you familiar with this subject. Thanks in advance.

GC approved on 3/1/2000.
Travel Date:
9/1/2001 - 9/22/2001
5/15/2002 - 5/27/2002
1/27/2003 - 7/24/2003
11/23/2003 - 12/06/2003
12/16/2003 - 1/27/2004
6/5/2004 - 10/2/2004

cici
 
"1/27/2003 - 7/24/2003" (=179 days) is not over 6 months. Do I have to wait for another 5 years?
 
Leap Year 101

The rule for leap years is that all years divisable by 4 are leap years, except those years divisable by 100. The exception is that years divisible by 400 are leap years.

This means that 1800 and 1900 were not leap years, but the year 2000 is a leap year.

Check your PC's calander to double check the year 2000.


And yes, you narrowly avoided breaking the 6 month Continious Residency Rule. As long as you dont have trips > 6 months in future you can apply 90 days prior to your 5th year anniversary of being a GC
 
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Thank you all for those information, they are very helpful. I will submit my application 90 days before 3/1/2005. Thanks again. BTW, just curious, what if the PR is granted on 2/1/2000 (leap year), how does it affect the date to turn in N-400?
 
cici said:
Thank you all for those information, they are very helpful. I will submit my application 90 days before 3/1/2005. Thanks again. BTW, just curious, what if the PR is granted on 2/1/2000 (leap year), how does it affect the date to turn in N-400?
Click to expand...

Then apply 89 days prior :D
 
helllo, im new here in the forum.my wife has 2 trips and and the last time she stayed outside US more than 6 mos but less than 1 year. can my wife file her n440.but during her stay ouside US.she filed her ITR.thanks

GC approved on 3/10/1999.
Travel Date:

May 1999-August 1999
December 1999-Nov 2000
 
4 years and 1 day

hello again.tahnks for your advice.

i also would like to ask......Is 4 years and one day rule applied only to those person who have approved re entry permit before he travel outside the US?

or can be applied also to person who is outside US 6 mos or more but not more than 1 year?

just in case my wife push through with her N400 application this novermber.and the basis of it is the 4 years and one day rule,what are the chances of the application getting approved/denied

thanks again.
 
reentry permits are applicable only if travel is more than 1 year at a time. not so in your case. to the best of my knowledge you can apply 4 yr + 1 day after coming back, if they give u credit for the last 1 year why not for the last 11 months ?

JoeF seems to disagree on this, i suggest u get more opinions (hopefully a lawyers too!)....
 
jaos,

Check with the Dist Office you want to file from. This may mean a difference of a year for you. Ask to speak with the adjudication officer and ask him/her if you can apply 4yr+1day or not.

Also positively get the advice of a *GOOD* lawyer not just any random one.

but I still think you can file 4yr + 1 day after coming back. IMO, just cause the law says that If you leave for a very long time, we will still show leniency it does not mean that the converse is false. Just cause its not EXPLICITY stated does not make it IMPLICITLY false
 
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JoeF said:
Well, even if, the 4 years + 1 day can't apply. Basically, 4 years + 1 day + 364 days abroad makes 5 years of continuous residence. To fulfill the 5 years if a person has been abroad for over 6 months but less than 1 year, 4 years + x days with x > 1 would be required.
Click to expand...


Yes but this person has already been a PR for 5 years (from 1999). Continious Residence is not 5 years in a row. Given a scenario...

Case#1
Become PR on Jan 1 1999.
Leave US on Jan 2 1999
Return Oct 1 1999 (6 months < time away < 1 year)
Can this person file on Oct 2 2003 ? (4yr+1day)
Ans: NO. 4yr+1 day is satisfied byt 5 years of PR is not (its met only on Jan 1 2004)

Case#2
Become PR on Jan 1 1999.
Leave US on Jan 2 1999
Return Feb 1 2000 (6 months < time away > 1 year)
Can this person file on Feb 2 2004 ? (4yr+1day)
Ans: Yes. 5 year PR is met

Case#3
Become PR on Jan 1 1999.
Leave US on Jan 1 2000 (note year!)
Return Oct 1 2000 (6 months < time away < 1 year)
Can this person file on Oct 2 2004 ? (4yr+1day)
Ans: IMO YES! 5 years is satisfied by Jan 1 2004. 4 yr + 1 day of CR is satisfied.

This person belongs to case 3. You are arguing Case 1. Case 2 is the benchmark
 
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thank u very much...and If ever you have other opinions or suggestions regarding my case please post it in this thread.thank you again :)
 
Jaos,

From my personal experience, I waited a FULL five years from the date of my last trip before I applied again.

I know it's annoying, unfortunately, when I went for my first interview in in the end of 1997 after an 8 month trip, I got rejected.

I asked the interviewing officer if the 4 Year + 1 Day Rule would apply from the day I came back and he said yes. That would mean I could have applied in 2002 (assuming my five years started Jan 1 1998).

But when I went to my immigration lawyer, he recommended I wait a full five years, so I only applied in March 2003.

I would recommend you speak to a good lawyer (I'm not sure how good mine was, but what's done is done and I have my US Citizenship and thank my lucky stars for that).

Ratrat
 
To Rahul Kumar and JoeF:Pls read this:

"Applicant must not be absent from the U.S. for a continuous period of more than 1 year during the period for which continuous residence is required".

"An absence of more than 6 months but less than 1 year establishes the presumption of not satisfying the continuity of residence which can be rebutted. If the person has broken continuity of residence, s/he may reapply 4 years and 1 day following the date of her or his return to the U.S. to resume residency. The spouse of USC needs 2 years and 1 day."


"Third, trips that are over 6 months in duration are presumed to break the continuity of residence. This legal presumption can be rebutted with evidence that the applicant did not abandon his or her residence.
<The inquiry into whether residence was abandoned will include whether U.S. tax returns were filed, whether the individual maintained a permanent home in the U.S., whether the individual worked abroad, the reason for the absence, and family ties to the U.S.>


What do you think?


i got it from this site:

http://www.murthy.com/citreq.html

any comments.thanks
 
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JoeF.


I think you are wrong in this case. Do you know of anyone personally that got his/her N400 denied cause of a 6 month (under 1 year) trip that satisfied the 5 year LPR rule and applied 4Yr+1day?

As long i were a PR for 5 years and you apply after 4 years + 1 day minimum you should be fine - thats what i think anyways
 
3months residency in the state after travel

cici said:
Hi,

Becase of family crisis back at my home country, I have been travelling between USA and HK for several times the past few years. I don't know if I meet the requirement of "Residence and Physical Presence" (continuous residence). Thus, I need help on determining the date that I can turn in the N-400 application. Please help me if you familiar with this subject. Thanks in advance.

GC approved on 3/1/2000.
Travel Date:
9/1/2001 - 9/22/2001
5/15/2002 - 5/27/2002
1/27/2003 - 7/24/2003
11/23/2003 - 12/06/2003
12/16/2003 - 1/27/2004
6/5/2004 - 10/2/2004

cici
Click to expand...

Hi guys
I recommend to you that you wait 3 months after you come back to avoid saying that u were not resident in the state for 3 months. i dont know what s the exact rules here

so guys this is the question
suppose someone meets all requirements of continuouse residence(trips<6months) and 5 years green card, and 30 months physical presence. as it s the case for Mr. cici
and suppose that this person was residing in one state since he become US resident. but he has some trips that are less than 6 months.
after coming back from the last trip outside the US, do this person has to wait 3 months to establish residency in the state? or it is not a problem since he is resident in that state since 5 years.

thank you
 
by the way cici
i have the same situation as you, even worst
this is my case
i want you guys to comment on this case
thanks for joef and rahul for their previous comments

my case is

green card 03/99
12/2001 left abroad to study ---come back 04/2002
left 05/2002-----------come back 10/2002
left 11/2002-----come back 02/2003
left 03/2003---- come back 07/2003
left 10/2003-----come back 03/2004
stayed in the US since that time

total time outside US 700 days=23 months<30months

N400 application on May 2004, 2 months and 22 days after coming back
 
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