4 years + 1 day rule in Natuarilization

[Sukie 1,464]

I think this is how it works.

 

You get a green card in 2011.

You live outside the country until 2014.

You have a re-entry permit, and you come back into the country in 2015.

 

In 2019 +1 day, you can apply for naturalization.  In other words, it's 4 years and 1 day from the time you re-established yourself in the US. 

 

If you had stayed in the US (and you were under the 5-year rule) you could have applied for naturalization in 2016.  But now you have to wait until 2019.

 

Sukie in NY

Edited April 10, 2017 by Sukie
typo

[beautifulmind 0]

Thanks Sukie for the example, it explains. I think the reduction of 1 yr from 5 yr is because that after being a LPR, you have to establish permanent residency within the first year. So if you are not in US and abroad with reentry permit for more than a year, that first one year is credited to your 5 years requirement after returning to us permanently. Still in that 4 yrs, a LPR needs to have 30 months residency requirement.

Edited April 10, 2017 by beautifulmind

[candybabe 46]

On ‎4‎/‎10‎/‎2017 at 1:40 AM, beautifulmind said:

Thanks Sukie for the example, it explains. I think the reduction of 1 yr from 5 yr is because that after being a LPR, you have to establish permanent residency within the first year. So if you are not in US and abroad with reentry permit for more than a year, that first one year is credited to your 5 years requirement after returning to us permanently. Still in that 4 yrs, a LPR needs to have 30 months residency requirement.

The only comment I would have is :

 

The more complicated you make the situation sound, the slower the review will go and more likely that you will either get RFE'd or simply not recommended for approval at the time of the interview.

 

The officers are humans too and they have to make a decision based on what they see, whatever is presented to them by the applicant in correlation with the background check.

 

When an application is kept simple and clean it makes their job easier and their decision process more straightforward.

 

The grayer a situation,  the more they would be inclined to make a conservative decision and tell you to wait rather than grant citizenship and risk being reprimanded for not having enough facts at the time of the decision.

 

Trying to interpret exceptional situations is good, but placing yourself in one without having to,  could end up in $725 of wasted application fee when not yet clearly eligible.

 

I am not an immigration lawyer / specialist.

[Anna Fisher 0]

Does the 4 year 1 day rule apply to those who have been out of the U.S for more than 6 months but less than a year?

April 2012 - became a Permanent Resident

September 2012 - August 2013 - was out of the U.S. (11 months)

 

Can I apply already, or I have to wait until August of 2018 to become eligible? 

 

Thank you!

[Sedhus 0]

Hey beautifulmind and the others,

 

I have the same exact questions as you did back in April. I would love to know if you applied and if yes, what happened. Here is my situation in case someone can help me understand the 4 year 1 day rule too:

 

- Got LPR in 2005

- Was out but visiting every two years(By getting a re-entry permit) until June 2013

- Came in June 2013 for a few days and then returned to USA for good in Dec 2013(less than 6 months from my departure in June)

 

Now, I have two questions:

1. Should I count my continuous residence starting June although I only visited in June for 12 days but returned to settle in less than 6 months?

2. I have lived in the USA for 4 years and 1 day by now and I believe I maybe eligible for naturalization under the 4 year 1 day rule but I'm very confused.

 

Please guide me if anyone here has insight on these topics.

 

Thanks,

 

[Martinmalioat 0]

I've been here in US since October 2008. Went to other country for about 2yrs July 2011 -July 2013 with re-entry permit. Went back to US July 2013 till now and August 2017 planning to file for US Citizenship. Is 4years and one will apply to me?