N-400 filing AFTER you are eligible

[sagdast 0]

Hello. My parents received permanent residency in 1986, after which they lived continuously in the United States until June 2008, upon which they departed with a "Re-entry Permit" to take care of my grandmother who is extremely ill. They returned prior to its September 2010 expiration date, and would like to apply for naturalization. As per the table on pp. 20 and 21 of the M-476, they DO fulfill the continuous residence and physical presence requirements. However, on the Naturalization Eligibility Worksheet (M-480), they do not qualify, as they 1) ARE over 18, 2) ARE permanent residents, 3) HAVE been a permanent resident for the past 5 years, 4) HAVE NOT been out of the United States for over 30 months BUT 5) during the LAST 5 years, they HAVE taken a trip that lasted over 1 year.

Therefore, although they DID qualify in 2008 prior to their departure, do they NO LONGER qualify (as per the M-480 due to its use of the clause "THE LAST 5 YEARS") now that they have returned from this emergency trip? Are they disqualified from applying for naturalization, even though they did meet eligibility in the past but did not file?

Many thanks in advance for your help,

Sagdast

[Penguin_ie 5,997]

They are not disqualified, but the clock re-set, ie they will have to wait another 5 years before applying.

[tweety 1]

page 22 and 23 of the uscis naturalization guide should be of particular interest to you:

http://www.uscis.gov/files/article/chapter4.pdf

So if your parents returned within 2 years of their departure they "only" have to wait 4 years and 1 day. If it was past their 2 year departure date it will be the full 5 years.

Hope this helps.