Re-entry Permit Query

[patti03 0]

Will your previous stay in the US be erased if you're out of the country for more than a year but with a re-entry permit? I am a permanent resident and was out of the US for more than a year last year. This 2010 will be my 5th year as a resident which means I am already eligible to apply for a US citizenship but then again another question still remains and that is whether my previous stay in the country be erased because I was out of the country for more than a year (using a re-entry permit). As you know, permanent residents need to build their residency for at least 30 months within the 5 year period in order to qualify for the naturalization process. Replies will be appreciated. Thank you in advance.

[Bobby+Umit 161]

You broke the continuous residence requirement by leaving the US for more than a year - regardless if you have the re-entry permit.

If your less than and year but more than 6 months, you can get an exception, as outlined below.

Continuous Residence

“Continuous residence” means that you have not left the United States for a long period of time. If you leave the United States for too long, you may interrupt your continuous residence.

What if I was outside the United Statesbetween 6 and 12 months?

If you leave the United States for more than 6 months, but less than 1 year, you have broken or disrupted your continuous residence unless you can prove otherwise. Read the “Document Checklist” in the back of this

Guide to find out what information you must give to prove you did not break yourcontinuous residence.

What if I was outside the United Statesfor 1 year or longer?

In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit.

If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous

residence.

If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

Source

[pushbrk 13,133]

You broke the continuous residence requirement by leaving the US for more than a year - regardless if you have the re-entry permit.

If your less than and year but more than 6 months, you can get an exception, as outlined below.

Source

Also look up the 4 years plus 1 day rule to see if it applies.

[Brother Hesekiel 2,236]

Correct. Once you left the US for one year, the clock stopped. When it stopped, it "erased" all of your previously accumulated time as a resident. The moment you got back to the US, the clock started ticking again. Now you'll have to wait until it shows 5 years again.