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ultrasoul

N400 Filing Date Calculation for Absence Outside US

By ultrasoul in US Citizenship General Discussion

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ultrasoul   51

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Filed: Citizen (apr) Country: Malaysia
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Appreciate a fellow VJ'er chiming in on the N400 earliest filing date calculation for an IR0 LPR (5 year normal requirement) based on several absences out of the US.

 

LPR Status Granted - 04/13/2020

2020- 202 days outside US due to having to care of family overseas & COVID travel restrictions (Apr 2020 departure, Oct 2020 US re-entry no issues)

2021- 354 days outside US on overseas job posting with non-US company (Jan 2021 departure, Dec 2021 US re-entry no issues)

2022- 0 days outside US

2023- 0 days outside US

2024- 0 days outside US

2025- 0 days outside US

 

For additional context-

  • The LPR purchased and maintained a US house and US bank account statements since April 2020 continuously and filed US taxes continuously since 2020 tax year.
  • Had the LPR not been outside the US in 2020 and 2021, the earliest filing date would have been 01/13/2025 taking advantage of the 90 calendar days early filing.

 

Questions-

  • Given the greater than 6 months but less than 1 year absences, is it correct to say that the earliest filing date should be calculated as plus 4 years 1 day from his Dec 2021 latest US re-entry date (and not the full 5 years from the latest re-entry date)? 
  • The LPR cannot take advantage of the 90 day early filing anymore correct i.e. Dec 2021 latest re-entry date plus 4 years 1 day minus 90 days for early filing?

 

Thanks a million!

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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