Question regarding N400- Time outside US

[wski810 0]

Hi, I have a question please help!

I got my green card in 2005, and lived in Asia (Korea & Hong Kong) during Aug 2008-Aug 2012. Upon getting a reentry permit I later came back to the US in Aug 2012 and have lived here ever since. I realize that the 4years+1day rule makes me eligible to file the N400.

But in part 8 (time outside US), do I have to write down that I left the US in 2008 and came back in 2012? It's only asking for the last 5 years (so I'm assuming Sept 2011-Sept 2016), and I'm not sure whether to just omit this info and clarify it at the interview since the 4years+1day rule allows me to apply anyways. I can't exactly write 2011-2012 either since I left the US for sure in 2008, but if I write 2008-2012 then the total days i've been out of the US would look extremely large even though it's beyond the 5year time frame that the form asks for.

Whether I do write in part 8, I suppose I do need to write in my old address from 2011-Aug 2012 since that still counts within the 5 year time frame right?

Thanks.

[wski810 0]

Not sure where you heard about 4 years + 1 day. Eligibility begins 5 years - 90 days.

That's another different rule, but I was actually referring to §Sec. 316.5©(1)(ii) hence the four years+1 day exemption which in fact does exist, but seems to be overlooked by many.

I'll be including that info on my cover letter just in case anyways, since I guess it's a rarer case. Still looking for advice however!

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31016.html

[JimmyHou 610]

4+1 rule is valid and is regularly used. Unfortunately, some interviewers aren't aware of all the rules and I've seen cases where applicants under the 4+1 rule and 2+1 rule had a hard time. Take print outs of the relevant sections of the UScIS Policy Manual to the interview and be prepared to explain your eligibility if you get one of these interviewers.

Although the form only asks for the last 5 years, I would list the entire time abroad (one entry) and mention that there was a reentry permit. Something like "Korea Reentry Permits".

I was under the impression that a reentry permit was good for two years. I assume you applied for a renewal. If not, I would assume that uscis could consider your residency abandoned. I could be wrong about this; I'm not all that familiar with reentry permits. As long as they covered the whole period you were living abroad you'll be fine.

[vanhiscers87 14]

OK, that was mind-blowing; I've never heard of that rule until today.

Anyway, to answer your question, I have to point out the entire N-400 form seems to have been generically made for the 5-year rule applicants, so for special-rule applicants (including marriage), many feel that they have to give out so much irrelevant information because they know the information asked should be legally irrelevant to the rule they're applying under.

I am applying under the marriage rule, but my attorney still told me to give out my travel, residence, and work history of the past 5 years. Therefore, that'd be my thoughts for you too--take the form's every single question literally.

There will be other people here that would tell you to only provide information related to the rule you're applying under. It's your choice really, but personally, I wouldn't want the officer to think that I'm withholding any info, taking advantage of the law. It's the lawyer's job to play tricky; but it's our job to play humble, I think.

That's another different rule, but I was actually referring to §Sec. 316.5©(1)(ii) hence the four years+1 day exemption which in fact does exist, but seems to be overlooked by many.

I'll be including that info on my cover letter just in case anyways, since I guess it's a rarer case. Still looking for advice however!

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31016.html

Edited September 13, 2016 by vanhiscers87

[wski810 0]

Alright I took Jimmy's advice and put in some additional comments in the section while writing in the whole 2008-2012 duration; made sure to remind whoever's reading it to take note of the 4years1day statute. Also attached a copy of my flight records in and out of the country as well. Submitted today so we'll see how this goes.

[witamar 4]

I strongly recommend you to consult a lawyer because of 2008 - 2012 outside of the U.S.

The reason is USCIS could consider your residency abandoned.