Question about days count before applying

[danielenglish 3]

Hi there, 

 

I have some confusion on how to calculate the required time of permanent residency in the United States in order to apply for citizenship.

 

This is in short my history of permanent residency in US:

- became permanent resident in July 2013

- left the States after only 2 weeks in order to finish a master abroad

- came back to the States after 8 months (March 2014) and never left the country anymore (except for about 3 weeks per year to visit my family back in my country of origin). 

 

In light of what just outlined, I have always thought that the 8 months spent outside the States would interrupt the count of 5 years which I need to apply for citizenship.

And in fact, it was my understanding that absences for longer than 6 months per year would take the count back to zero again.

 

However, recently I have been told that it does not work this way and what they will check - as soon as I apply for naturalization - is that over the last 5 years I spent at least 3 years in the United States, regardless of how long I spent abroad. 

The person that told me that was pretty sure about that and also suggested me to ask an immigration lawyer for a (free) consultation.

I am writing to the VJ forum instead as I have always found helpful and very knowledgeable members willing to help.

 

As far as you know, the 8 months I spent outside the States will be taken or not into consideration (with an interruptive efficacy) when they will count the time of actual permanent residency in the country?

 

More in general, how much time is required to apply for naturalization? 3 years of actual permanent residency (no matter how long one has spent outside the States) or 5 years - as long as one has spent not more than 6 months consecutively outside the States? 

 

Thanks a lot in advance for your greatly appreciated help on this matter!

[viajero 14]

you're good to go on april 2018

Edited November 10, 2017 by viajero

[danielenglish 3]

2 hours ago, viajero said:

you're good to go on april 2018

Hi viajero, thanks for your reply. 

In other words, are you saying that they will or won't consider the 8 months spent abroad as interruptive?

[danielenglish 3]

The reason why I am still not sure whether or not the 8 months spent abroad interrupted my continuos residency is because in the Uscis website they mention "trips of 6 months or longer" as a cause of interruption of the continuous residency. 

I paste here the link where this information can be found on page 2. 

https://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

[viajero 14]

18 hours ago, danielenglish said:

The reason why I am still not sure whether or not the 8 months spent abroad interrupted my continuos residency is because in the Uscis website they mention "trips of 6 months or longer" as a cause of interruption of the continuous residency. 

I paste here the link where this information can be found on page 2. 

https://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

Sorry, I don't know why I assumed that you got the GC under spouse of a USC..  but take a look at this!!

 

https://citizenpath.com/continuous-residence-physical-presence-requirements/

 

hope it helps!

[danielenglish 3]

Thanks a lot for your answer!

After reading what you suggested, I tend to think that I may need the help of an immigration lawyer as there is quite a gray area around the interruptive causes and requisites for applying. 

For instance the "4 years and 1 day rule" and the 30 months of continuous residency in a 5 years period that supposedly are enough for applying.

[Holt 73]

19 hours ago, danielenglish said:

Thanks a lot for your answer!

After reading what you suggested, I tend to think that I may need the help of an immigration lawyer as there is quite a gray area around the interruptive causes and requisites for applying. 

For instance the "4 years and 1 day rule" and the 30 months of continuous residency in a 5 years period that supposedly are enough for applying.

This is correct. It counts after the day you came back to the state. All the time you have spent in the state will not be counted.

You came back the state on March 2014, you will be qualified on April 2018. 

[danielenglish 3]

7 hours ago, Holt said:

This is correct. It counts after the day you came back to the state. All the time you have spent in the state will not be counted.

You came back the state on March 2014, you will be qualified on April 2018. 

Thank you Holt, 

just to clarify, you meant that "all the time you have NOT spent in the state will not be counted", did you?

 

Also, do you say that I will be able to apply for citizenship in April 2018 because you are using the "4 years and one day rule"?

If this rule does work, I should be fine regardless of the 8 months spent abroad. 

 

Thanks a lot in advance!

[candybabe 46]

14 hours ago, danielenglish said:

Thank you Holt, 

just to clarify, you meant that "all the time you have NOT spent in the state will not be counted", did you?

 

Also, do you say that I will be able to apply for citizenship in April 2018 because you are using the "4 years and one day rule"?

If this rule does work, I should be fine regardless of the 8 months spent abroad. 

 

Thanks a lot in advance!

you should wait and apply for citizenship at the 5 year mark after the 8 months you spent outside the US - it would be the cleanest.....

if you include the 8 months in your count , they will ask for a waiver of physical presence in the US for the 8 months - if you have submitted it and it was approved at the time , cool ,

if you have not submitted it, then they may question the validity of your GC and your ties to the US during that time cause in theory leaving without a waiver for longer than 6 months constitutes abandonment of permanent resident status so abandonment of your GC.....

[danielenglish 3]

Thank you candybabe for your reply. 

I agree with you when you said that waiting for 5 years of continuous residency starting from when I came back to the US is the cleanest thing to do. 

However, at the same time, I am tempted to try anyways and this  because I was reading about the “4 years and one day rule”.

 

The only thing is that I am not sure this rule applyes just if the absence from the country was greater than one year.

The confusion arises from the fact that the above mentioned rule is mentioned under the part “period in excess of 1 year”. 

Now, logically I tend to think that if this rule is valid for absences of longer than one year, why shouldn’t this apply for period between 6 months and one year?

 

Besides, a person that I know fell in the same situation as mine. 

At the beginning of his permanent residency, he had to leave the States for 7 months in order to complete a master abroad. 

When he applied for naturalization, the officer asked him the reason why he stayed for more than 6 months outside the States and he showed the certificate of completion for the master, therefore satisfying the officer that granted his request. 

I am aware that this evidence is not listed among the ones required in this kind of situation but am assuming that if the officer is seeing your bona fide, he should not create any problem.

 

At the same time, though, I don’t want to jeopardize the process by trying to save 8 months. 

As far as you know, may be there risks in trying anyways?

I heard that the paid fees would be lost but is there any other and more serious potential issue in “trying my luck”?

 

Thank you a lot in advance!

[danielenglish 3]

Hi there,

I got some more information about the “4 years and 1 day” rule and it should be working in case like mine where one has spent between 6 and 12 months abroad during a time of permant residency needed for naturalization purposes. 

 

Has anybody else ever used this rule when applied for citizenship?

 

Your experiences would help me validate this option and decide whether or not to risk. 

 

Thank you in advance. 

[danielenglish 3]

Has anybody ever used or known  somebody that used the 4 years and one day rule?

Thanks a lot in advance!