Does the 4 Year and 1 Day rule for Naturalization for trips less than 1year

[abhi9675 0]

I got My LPR (GC) on 06/2006 after that as i was studying in high school outside USA and was in senior year and i decided to go back and complete high school and come back . so i had 2 trips outside US which lasted 11 months (less than 1 year , more than 6 Months ) can apply under 4 Years 1 day rule. ?

Trip Details -

Admit First time In USA - 06/2006

Depart From USA - 08/2006

Admit 2 - 07/2007

Depart 2 - 072007

Admit 3 - 07/2008 ( 4 Year 1 Day Rule assuming from now from 07/2008 )

Depart 3 - 05/2009

Admin 4 - 07/2009

Depart 4- 05/2010

Admit 5 - 07/2010

Depart 5 - 11/2010

Admit 6 - 02/2011

Depart 6 - 07/2011

Admit 7 - 12/2011

07/2008 - 07/2009 - Outside USA 2 Months aprox

07/2009 - 07/2010 - 2 months

07/2010 - 07/2011 - 3 months

07/2011 -07/2012 - 5 months,no plans for further trip

Thanks in advance

[NotBonJovi 6]

From 7/2008 till now, have you completed a stay of atleast 913 days in total in the US? That's the key.

Btw, USCIS calculates 30 months as 913 days.

If so, you are eligible to apply.

[nwctzn 55]

I might be mistaken but doesn't the 4 year + 1 day rule apply only if

1. You have been out of the country for more than a year and

2. You had a re-entry permit

[abhi9675 0]

yes, but i need more specific answer on this please, i have never lived outside USA for more than 1 year in 2006 and 2007 trips, so can i apply under 4 year 1 day rule please help !!!! And anyone got success with it ?

[nwctzn 55]

yes, but i need more specific answer on this please, i have never lived outside USA for more than 1 year in 2006 and 2007 trips, so can i apply under 4 year 1 day rule please help !!!! And anyone got success with it ?

Looks like people have different opinions on this. Here is a discussion on a different forum, but it looks like in your case it is best to ask an attorney for some concrete answer.

http://forums.immigration.com/showthread.php?319797-continuous-residence-more-than-6-months-but-less-than-a-year

Edited February 26, 2012 by nwctzn

[I AM NOT THAT GUY 5,715]

yes, but i need more specific answer on this please, i have never lived outside USA for more than 1 year in 2006 and 2007 trips, so can i apply under 4 year 1 day rule please help !!!! And anyone got success with it ?

Have you maintained a continuous residence in the US since you became an LPR? Even if you meet the time requirements for trips outside the US, you still have to maintain a residence in the US. Things like rental receipts, lease contracts, mortgage on a primary residence, property tax receipts, and filing US tax returns for every year since becoming a LPR.

[I AM NOT THAT GUY 5,715]

Have you maintained a continuous residence in the US since you became an LPR? Even if you meet the time requirements for trips outside the US, you still have to maintain a residence in the US.* Things like rental receipts, lease contracts, mortgage on a primary residence, property tax receipts, and filing US tax returns for every year since becoming a LPR.

* For trips outside the US longer than 6 months in the last five years.

Edited February 26, 2012 by ☼

[abhi9675 0]

I became LPR on 06/2006 but i was in highschool senior year in my native country so i went back after just 2 months of stay in USA and then came back again in 2007 to renew my green card so that i don't need re-entry permit and again i went back in just a month of stay in 2007 and came back in 2008 , then from 2008 to 2012 i have no long trips of 6 months or more, as i was student and used to live with my uncle and just visited states to renew my GC in 2006 and 2007 i don't have any proofs of residency and my parents also aren't here in states, but i never terminated employment as i never got one in 2006 and 2007 nor did i work abroad .

From 2008 to till now i have paid all taxes, have bank account, got admission in college and still in college verification.

can i apply under 4 years 1 day rule, even if not i can apply by now but i don't know the chances of approval so in deilmmna

Edited February 26, 2012 by abhi9675

[I AM NOT THAT GUY 5,715]

I became LPR on 06/2006 but i was in highschool senior year in my native country so i went back after just 2 months of stay in USA and then came back again in 2007 to renew my green card so that i don't need re-entry permit and again i went back in just a month of stay in 2007 and came back in 2008 , then from 2008 to 2012 i have no long trips of 6 months or more, as i was student and used to live with my uncle and just visited states to renew my GC in 2006 and 2007 i don't have any proofs of residency and my parents also aren't here in states, but i never terminated employment as i never got one in 2006 and 2007 nor did i work abroad .

From 2008 to till now i have paid all taxes, have bank account, got admission in college and still in college verification.

can i apply under 4 years 1 day rule, even if not i can apply by now but i don't know the chances of approval so in deilmmna

Go through this worksheet: http://www.uscis.gov/files/article/attachments.pdf