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Filed: F-2A Visa Country: Philippines
Timeline
Posted

I'm an LPR who wants to apply for citizenship. As the title of this topic states that I applied for reentry permit so I can stay for a year and 6mons in my home country. I came back to US on april 27,2009. I know that I will be eligible to apply on april 28,2013 but I still have doubts. Has anybody experienced this situation before and did not have any problems with their application? Do I have to send a copy of my reentry permit with my application? Thanks!

Posted

I'm an LPR who wants to apply for citizenship. As the title of this topic states that I applied for reentry permit so I can stay for a year and 6mons in my home country. I came back to US on april 27,2009. I know that I will be eligible to apply on april 28,2013 but I still have doubts. Has anybody experienced this situation before and did not have any problems with their application? Do I have to send a copy of my reentry permit with my application? Thanks!

For how long have you been an LPR before you left with your re-entry permit?

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted (edited)

For how long have you been an LPR before you left with your re-entry permit?

Regardless on how long he/she've been LPR before leaving with reentry permit, the clock resets back to 4 years and 1 day. I think you should be eligible at 90 days before 4/28/2013, which is 1/28/2013

http://www.uscis.gov...Calculator.html

I don't see why you should have any problems, especially that you took the extra step and used a reentry permit.

Edited by Okalian

Wife's I-130:

03/15/2019 NOA1 (Nebraska Service Center)

02/11/2020 Case transferred to Vermont Service Center

02/02/2021 NOA2 الحمد لله

02/04/2021 Approval email
02/12/2022 NVC documents submitted

Posted

Regardless on how long he/she've been LPR before leaving with reentry permit, the clock resets back to 4 years and 1 day. I think you should be eligible at 90 days before 4/28/2013, which is 1/28/2013

http://www.uscis.gov...Calculator.html

I don't see why you should have any problems, especially that you took the extra step and used a reentry permit.

There is no "apply 90 days before" rule for the ones applying in 4 yr and 1 day after resuming their continuous residence.

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

There is no "apply 90 days before" rule for the ones applying in 4 yr and 1 day after resuming their continuous residence.

I stand corrected :) thanks for the clarification.

Wife's I-130:

03/15/2019 NOA1 (Nebraska Service Center)

02/11/2020 Case transferred to Vermont Service Center

02/02/2021 NOA2 الحمد لله

02/04/2021 Approval email
02/12/2022 NVC documents submitted

Posted (edited)

Regardless on how long he/she've been LPR before leaving with reentry permit, the clock resets back to 4 years and 1 day.

Partially true. The 4 years and 1 day is not only dependent on having a re-entry permit. It also requires that you had well established ties in the US before leaving. Say you got your greencard and just 1 month later you left with a re-entry permit. In that case, the officer can argue that you had not well established ties to the US before leaving and hence, it can be argued that the 4 years and 1 day rule does not apply to you.

Edited by nwctzn
Filed: F-2A Visa Country: Philippines
Timeline
Posted

I left US 10days before my anniversary. So you think that I have to wait for 5yrs before I can apply? I am even thinking about sending my application next month but I still had doubts because once I sent that $680, I will never get it back if I will be denied. Lol. Thank you all for your inputs.

Posted

I left US 10days before my anniversary. So you think that I have to wait for 5yrs before I can apply? I am even thinking about sending my application next month but I still had doubts because once I sent that $680, I will never get it back if I will be denied. Lol. Thank you all for your inputs.

No, I think you are fine. The example I gave was an extreme where the applicant leaves just one month after becoming a permanent resident. In your case, you stayed for almost a year and then you left with your re-entry permit. I do not think that it would raise a red flag and that you can file with the 4 year and 1 day rule.

 
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