Eligible for Naturalization ?

[umair.ejaz 0]

Hi ,

My wife is immigrant by her family and made first entry in US in January 2009 , Couple of months after her first entry she took extension/re-entry permit for 2 years to complete her studies. After that she came back to US and never left for more that 4-5 months. Is she eligible to apply for naturalization(N400) because she has completed 5 years counting from January 2009 ?

Thanks

Umair

[aleful 1,905]

hi,

no, the downside of leaving the country with a reentry permit, is that the 2 years of residency count as 1

so it is really as if she had 1 year of residency as of 2011, and from there on count 4 more years

so the 5 years of residency will be as of next year. 90 days prior the 5 years she can file the N400

It would be better if she didn't leave for such a long time. 5 months doesn't reset the clock, but there needs to be physical presence in the country.

[umair.ejaz 0]

hi,

no, the downside of leaving the country with a reentry permit, is that the 2 years of residency count as 1

so it is really as if she had 1 year of residency as of 2011, and from there on count 4 more years

so the 5 years of residency will be as of next year. 90 days prior the 5 years she can file the N400

It would be better if she didn't leave for such a long time. 5 months doesn't reset the clock, but there needs to be physical presence in the country.

she was physically present with a total of 35 months , wont it be enough as there are only 30 months required for naturalization?

Also will it make any effect on case if she again leaves US for 5 months starting from next month ?

[Ryan H 3,810]

Moved from IR-1/CR-1 Progress Reports to US Citizenship Discussion.

[aleful 1,905]

hi

she needs both, physical presence and years of residency

like I said, it is just a suggestion. the IO could ask her, not for sure about the trips, because she has to put all the trips on the N400

if she hadn't left for 2 years then yes, she would qualify, but she doesn't have now 5 years of residency. Forget about 2009, she left soon after, and after returning, she reset the clock in 1 year of residency, she needs 4 more years of residency

[umair.ejaz 0]

hi

she needs both, physical presence and years of residency

like I said, it is just a suggestion. the IO could ask her, not for sure about the trips, because she has to put all the trips on the N400

if she hadn't left for 2 years then yes, she would qualify, but she doesn't have now 5 years of residency. Forget about 2009, she left soon after, and after returning, she reset the clock in 1 year of residency, she needs 4 more years of residency

Thanks for your details reply. We just checked her exact date of returning to US and that was September 2010. So counting from September 2010 , 4 years will be in September 2014 + 1 year (as you told 2 years will be count as 1). so she should be eligible to apply in June 2014 (90 days prior to 5 years) ?

[aleful 1,905]

hi

so she was out of the country for 1 year? how long was she out of the country, and why then did she need a reentry permit?

[umair.ejaz 0]

hi

so she was out of the country for 1 year? how long was she out of the country, and why then did she need a reentry permit?

She was out of country from March 2009 - September 2010 so it becomes around 1.5 years. Before leaving in March 2009 , attorney advised to have a reentry permit

[JimmyHou 611]

Thanks for your details reply. We just checked her exact date of returning to US and that was September 2010. So counting from September 2010 , 4 years will be in September 2014 + 1 year (as you told 2 years will be count as 1). so she should be eligible to apply in June 2014 (90 days prior to 5 years) ?

If you break your residency, as the the applicant has in this case, then you can apply 4 years + 1 day from the day you returned and reestablished your residency. You cannot apply 4 years + 1 day - 90 days. The 90 day allowance would only apply if you are applying based on 5 years of continuous residency, but that is not the case here.

Here is a thread started by an applicant who applied 4 years + 1 day - 90 days. He received a request for information asking him to explain his absence. He decided that it would be easier to withdraw the application and reapply after 90 days. That's what he did and he's now a US citizen and didn't have to do a lot of explaining.

http://www.trackitt.com/usa-discussion-forums/n400/686689615/proof-of-continuos-residency-complication

From the USCIS Policy Manual:

"

3. Eligibility after Break in Residence

An applicant who is required to establish continuous residence for at least five years^[14] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement^[15] may apply two years and one day after returning to the United States to resume permanent residence.^[16]"

^{There's nothing in there about applying 90 days early.}

^{I suggest that you wait 4 years + 1 day. The applicant has spent a lot of time outside the US, has a break in residence, and may spend more time abroad. The is likely to get asked a lot of questions about this anyway, so there's no reason to apply three months early and risk complicating things further.}

^{That was my interpretation, but if I'm wrong about the 90 day early filing in this case, I hope someone can correct me.}

[Boiler 44,962]

Why sis he so bothered about US Citizenship, seems she does not spend much time in the US.

The Naturisation guide has the answers, no point duplicating.

[umair.ejaz 0]

If you break your residency, as the the applicant has in this case, then you can apply 4 years + 1 day from the day you returned and reestablished your residency. You cannot apply 4 years + 1 day - 90 days. The 90 day allowance would only apply if you are applying based on 5 years of continuous residency, but that is not the case here.

Here is a thread started by an applicant who applied 4 years + 1 day - 90 days. He received a request for information asking him to explain his absence. He decided that it would be easier to withdraw the application and reapply after 90 days. That's what he did and he's now a US citizen and didn't have to do a lot of explaining.

http://www.trackitt.com/usa-discussion-forums/n400/686689615/proof-of-continuos-residency-complication

From the USCIS Policy Manual:

"

3. Eligibility after Break in Residence

An applicant who is required to establish continuous residence for at least five years^[14] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement^[15] may apply two years and one day after returning to the United States to resume permanent residence.^[16]"

^{There's nothing in there about applying 90 days early.}

^{I suggest that you wait 4 years + 1 day. The applicant has spent a lot of time outside the US, has a break in residence, and may spend more time abroad. The is likely to get asked a lot of questions about this anyway, so there's no reason to apply three months early and risk complicating things further.}

^{That was my interpretation, but if I'm wrong about the 90 day early filing in this case, I hope someone can correct me.}

Thanks for detailed reply , this really make sense to me. We will discuss with our immigration attorney to see if its possible to apply 90 days in advance

[bobototokoko 0]

if i was to calculate the US residency portion that would count towards naturalization then it would start from September 2010 and not from before because the re-entry permit and her stay for 1.5 years outside the US has reset her 5 year naturalization clock.

[AnotherLostSoul 167]

That's exactly what I was thinking too...but maybe we don't know something here. But I was the same way, she basically came back in September 2010 and have continously resided since then. So, I was thinking counting her 1.5 years being outside is basically puts her to a sharp 5 years of continuous residence requirement, which means she won't even be able to file for citizenship until September 2015. But maybe we don't know something here....o.O

if i was to calculate the US residency portion that would count towards naturalization then it would start from September 2010 and not from before because the re-entry permit and her stay for 1.5 years outside the US has reset her 5 year naturalization clock.

[F & A 12]

Hi ,

My wife is immigrant by her family and made first entry in US in January 2009 , Couple of months after her first entry she took extension/re-entry permit for 2 years to complete her studies. After that she came back to US and never left for more that 4-5 months. Is she eligible to apply for naturalization(N400) because she has completed 5 years counting from January 2009 ?

Thanks

Umair

Are you the husband, a US Citizen? If so she can apply for naturalization after 3 years! If you are a green card holder she will have to wait until she get closer to her 5 years in the US. She can send her application 3 months in advance then. My sister-In-Law was on the same situation and she sent her application 3 months in advance and is now waiting for her interview!

[Buckyball 22]

If she is all thime out of the country for extend times, does she have a permanent residence at all?