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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 Explorer

ultrasoul   57

Posted
Filed: Citizen (apr) Timeline
Posted

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 F2A Minor Child of LPR (MNL Consular Processing)

7/29/20: Online I-130

9/28/20: I-130 Approved

10/1/20: NVC case number generated (10/5 CEAC ready for doc uploads & 11/18: Doc uploads completed for NVC review)

11/21/20: DQ'ed by NVC

1/24/23: USEM schedules interview (3/17: St Luke's medicals completed)

4/3/23: USEM F2A IV Interview (4/4: Visa Issuance & 4/6: Passport delivered)

6/6/23: US POE (6/8 SSN card mailed, 7/6 green card ordered)
 

I-130 JOURNEY FOR IR-5 Parent of USC (MNL Consular Processing)

1/18/19: Paper I-130

8/13/19: I-130 Approved 

9/9/19: NVC case number generated (10/7 CEAC ready for doc uploads & all doc uploads completed for NVC review)

11/25/19: DQ'ed by NVC

12/18/19: USEM schedules interview (12/27: St Luke's medicals completed)

1/6/20: USEM IR-5 IV Interview (3/4: Visa Issuance & 3/10: Passport delivered)

6/10/20: US POE (6/13 SSN card mailed, 7/3 green card ordered)
 

I-130/ I-485 FOR Parent of USC (Adjustment of Status, Not concurrent filing)

1/18/19: Paper I-130 (did not do concurrent I-485 filing)

6/25/19: Paper I-485 (7/5 Biometrics mailed)

7/12/19: Walk-in biometrics completed

7/31/19: Combo EAD/ AP mailed  (8/8: I-485 Interview Ready to be scheduled)

8/26/19: I-130 Approved (12/10/19: I-485 Interview scheduled)

1/28/20: Interview at Greer SC FO

2/6/20: I-485 approved, Green Card Ordered (2/10: Green Card Produced and Mailed)

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

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