FOR INTERVIEW

[andrea4prez 1]

Hello guys!

I just need your opinion on my sister's N400 application.

Background :

She got her green card last July 12, 2002... BUT she went back to the philippines the same year to go to study...BUT she applied to re-entry permit which was approved a year later, 2003

From 2003-2005 - she was going back to California everytime she was on a break from school.

Last July 1, 2006 - she migrated to California for good and worked as an Occupational Therapist.

Last July 20, 2010 - she applied for Citizenship and she "others" and 4 year and 1 DAY rule as her reason for applying..

Now her interview is Sept 8, 2010. Will there be a problem if she didn't specifically stay here 5 years OR did she apply too soon?

Please enligthen me on this one. Thank you!

[v333k 59]

Well, the way USCIS counts is by evaluating when physical presence and continuous residence rules are met and the time since they were met.

One question that I have is did she obtain her GC through marriage? If yes, then 3 years are what USCIS counts.

If no, then she could be found ineligible to apply (depending on how USCIS counts her stay in the US) and that could result in a denial until the 5 year period is met. All that will do is she would have to apply again once she is eligible and lose the payment she made for this application...

The best thing you can go over is the naturalization guide, and they have an example on how to count the number of months.

http://www.uscis.gov/files/article/M-476.pdf

HTH.

[andrea4prez 1]

Thanks! On page 23 of that link, there was an example wherein 4 YEARS AND 1 day after permanent resident returned to the USA, she can file for naturalization.

Well, the way USCIS counts is by evaluating when physical presence and continuous residence rules are met and the time since they were met.

One question that I have is did she obtain her GC through marriage? If yes, then 3 years are what USCIS counts.

If no, then she could be found ineligible to apply (depending on how USCIS counts her stay in the US) and that could result in a denial until the 5 year period is met. All that will do is she would have to apply again once she is eligible and lose the payment she made for this application...

The best thing you can go over is the naturalization guide, and they have an example on how to count the number of months.

http://www.uscis.gov/files/article/M-476.pdf

HTH.

[v333k 59]

Thanks! On page 23 of that link, there was an example wherein 4 YEARS AND 1 day after permanent resident returned to the USA, she can file for naturalization.

Cool! I am glad I was able to help... and hopefully, the IO will be aware of this rule. Make sure your friend prints this page and take it with her in case the IO starts complaining about her being ineligible. Then she could reference to this page and present it and say that she is within the same timeline....

good luck

[andrea4prez 1]

thank you very much!!!

Cool! I am glad I was able to help... and hopefully, the IO will be aware of this rule. Make sure your friend prints this page and take it with her in case the IO starts complaining about her being ineligible. Then she could reference to this page and present it and say that she is within the same timeline....

good luck

[v333k 59]