Re-established in the US after leaving for 2 years & 2 months, when can I file N400?

[Ichiberry 0]

Hello, when is my new filing date for N400 if I became an LPR on Feb 2013, left the US with re-entry permit on April 05, 2013-June 18, 2015 and re-established myself here in the US since then?

I've posted before and a comment said I can use the 4 years + 1 day rule so I can apply June 19, 2019. 

I'm really conflicted since the naturalization guidebook said if I can use it if I returned within 2 years which I didn't because I returned 2 years and 2 months later but the USCIS policy (8 C.F.R. ? 316.5(c)(1)(ii)) didn't mention anything other than trips for one year or more so I'm thinking to just go for the 5 years like the usual. Would that then be June 18, 2020? Can I then take advantage of the 90 days early filing so I can apply March 20, 2020?

Thanks in advance.

[arken 4,197]

My understanding is also the same that only if one returns back within 2 years, 4 years and 1 day rule applies. 

 

So I agree with you going with general 5 year rule, and yes, you can file up to 90 days early.

[abum 324]

can you share what link did you refer to?
 

Here is what i found:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

Quote

3. Eligibility after Break in Residence
An applicant who is required to establish continuous residence for at least 5 years [15] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement [16] may apply two years and one day after returning to the United States to resume permanent residence. [17] 

So you can apply 4 years 1 day after your last entry into the US resuming your permanent residency (with no break in residency after that entry)

[Ichiberry 0]

2 hours ago, abum said:

can you share what link did you refer to?
 

Here is what i found:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

So you can apply 4 years 1 day after your last entry into the US resuming your permanent residency (with no break in residency after that entry)

Hello, here's the link. It is from the Naturalization Guide from USCIS website: https://www.uscis.gov/sites/default/files/files/article/chapter4.pdf

 

I've also attached the image. 

 

From the Naturalization Guide, it said within 2 years, but there was nothing like that in the Policy Manual. It only says 'absence of one year or longer', that's why I'm conflicted.

Edited June 24, 2018 by Ichiberry

[abum 324]

the policy manual does not say anything about return within 2 years though. 2 years of the initial Permanent residency date?

[abum 324]

though when the policy say RETURNS = the last entry of the LPR into the USA? 

So as long as the LPR returns within 2 years (usually with Re-entry permit), this will add 1 year towards the calculation?

[Ichiberry 0]

2 hours ago, abum said:

though when the policy say RETURNS = the last entry of the LPR into the USA? 

So as long as the LPR returns within 2 years (usually with Re-entry permit), this will add 1 year towards the calculation?

 

Confusing isn't it? I wonder if it's because re-entry permits usually give you 2 years before it expires so the guidebook just naturally assume the LPR will be back within 2 years. What happened to me was on April 2013, I left the US immediately after the biometrics when I applied for the re-entry permit and just opted to send it to the embassy of my choice. When I received the re-entry permit, the expiration was June 2015 and not April 2015 so I had 2 extra months.

 

But yes, as we can read from the USCIS policy manual, there was no mention of needing to return within 2 years for the 4 years + 1 day rule so I'm not really sure which one to follow.