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Mishal

n400 based on 4 year + 1 day rule

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Hello everyone,

 

I am about to apply for citizenship and my timeline is:

August 27, 2006 - landed in U.S. and became U.S. L.P.R.

2006 - 2009: moved in and out of U.S. and didn't maintain continuous residence for citizenship

2009: settled in U.S. and didn't travel out of U.S. until 2012

2012: got a job abroad and got re-entry permit before leaving

June 11, 2014: came back to U.S. before re-entry permit expired

2014 - 2018: didn't travel out of U.S. except for a few days here and there (1 day in Mexico, 3 days in Ireland, 3 days in Canada etc.)

June 12, 2018: should be able to apply for citizenship based on 4 year + 1 day rule (kindly correct me if I am wrong)

 

Here are my questions:

  1. On M-476 A Guide to Naturalization the page before the last page, there is "Attachment C: I have been out of the country for one year or more". There it says, 'Since becoming a Permanent Resident, I have not taken a trip out of the United States that lasted for one year or more without an approved "Application to Preserve Residence for Naturalization Purposes" (Form N-470)'. Then it indicates 'Not True' --> STOP --> You are not eligible to apply for naturalization. Problem is that I did stay out for more than a year. Kindly refer to my timeline. I did apply and get a re-entry permit (I-131). And I did come back before it expired. That was 4 years back. The wording in M-476 above does not allow for this. It says I must have had a N-470 which I didn't. What's going on?
  2. Also on M-476, it says 'If you have taken any trip outside the United States that lasted 6 months or more since becoming a Lawful Permanent Resident, send evidence that you (and your family) continued to live, work and/or keep times to the United States, such as an IRS tax return transcript or an IRS-certified tax return listing tax information for the last 5 years (or for last 3 years...blah blah blah...not applicable to me since I am not applying based on marriage to U.S. citizen spouse)'. I filed taxes every year since 2007 (zero income in 2006) and I have already requested for tax return transcripts for the years 2014 - 2017 through the IRS website. But the option to obtain a 2013 transcript is not there online and I have to call them up and request it. In short, to get all 5 years' transcripts physically in my hand may take days, if not weeks. Must I wait for these before I send my n-400 application? Or can I just send my application without transcripts because I have been in the U.S. continuously for the last 4 years?

 

Thanks for reading.

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Posted (edited)
18 hours ago, Mishal said:

On M-476 A Guide to Naturalization the page before the last page, there is "Attachment C: I have been out of the country for one year or more". There it says, 'Since becoming a Permanent Resident, I have not taken a trip out of the United States that lasted for one year or more without an approved "Application to Preserve Residence for Naturalization Purposes" (Form N-470)'. Then it indicates 'Not True' --> STOP --> You are not eligible to apply for naturalization. Problem is that I did stay out for more than a year. Kindly refer to my timeline. I did apply and get a re-entry permit (I-131). And I did come back before it expired. That was 4 years back. The wording in M-476 above does not allow for this. It says I must have had a N-470 which I didn't. What's going on?

The N-470 is for preserving  residence due to certain employment purposes outside of the US (like working for the US government abroad).  This is not in reference to having a re-entry permit as you did.

 

18 hours ago, Mishal said:
  1. But the option to obtain a 2013 transcript is not there online and I have to call them up and request it. In short, to get all 5 years' transcripts physically in my hand may take days, if not weeks. Must I wait for these before I send my n-400 application? Or can I just send my application without transcripts because I have been in the U.S. continuously for the last 4 years?

 

Yes, you can send it in without the transcripts since you are applying under the 5-year residency rule.  Possible it may be asked for during your interview stage, which you would have received the 2013 one by then...possible it may not be asked for at all during your interview.

 

Your travel history between 2006-2009 will become irrelevant for the purposes of the N400, simply because it didn't happen within the past 5 years.

Your travel history between 2012-2014 might be slightly relevant (at least the portion that falls in the year 2014, depending on how long you were physically outside of the US during that last year) in terms of your physical presence but unlikely considering as you say your trips between 2014-present have been few and very short in duration.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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Thanks Going through.

 

I am aware of the usage of N-470. I just don't understand why Attachment  C in The Guide to Naturalization does not allow for I-131 just like it allows for N-470.

 

Regarding filling out N-400, do I provide addresses, employment history, and trips of 24 hours of more outside of U.S. for last 5 years or 4 years+1 day?

 

In particular, the 'trips of 24 hours or more' section is problematic. It forces me to include June 12, 2013 - June 11, 2014 as days out. I was out all those 365 days. Obviously that is WHY I got the re-entry permit. But my total number of days out SINCE June 11, 2014 is roughly 45 days. I mention that because that ensures I meet both the physical presence test and continuous residence test comfortably. So do I put in the 365 days out or not? Or do I leave it out and write on the form that I am applying based on the 4 year+1 day rule? I believe some people who apply based on the 3 year rule (marriage to U.S. citizen spouse) list their days out of U.S. for the last 3 years only and point this out on the form because the form does not accommodate the 3 year rule by default.

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2 hours ago, Mishal said:

I am aware of the usage of N-470. I just don't understand why Attachment  C in The Guide to Naturalization does not allow for I-131 just like it allows for N-470.

It allows for N-470 because of the type of US affiliated/US government work the person is doing.

Leaving voluntarily to reside outside of the US with an i-131 is not the same thing because of the difference in reason for leaving/employment type.

 

2 hours ago, Mishal said:

Regarding filling out N-400, do I provide addresses, employment history, and trips of 24 hours of more outside of U.S. for last 5 years or 4 years+1 day?

For the last 5 years, since those questions are based on the date you became a LPR, not based on the date you are filing the N400, under the 5-year rule.

 

2 hours ago, Mishal said:

It forces me to include June 12, 2013 - June 11, 2014 as days out. I was out all those 365 days. Obviously that is WHY I got the re-entry permit. But my total number of days out SINCE June 11, 2014 is roughly 45 days. I mention that because that ensures I meet both the physical presence test and continuous residence test comfortably. So do I put in the 365 days out or not? Or do I leave it out and write on the form that I am applying based on the 4 year+1 day rule?

You would have to disclose the travel for 2013-2014 on your application.  Not doing so purposefully would be a factual misrepresentation on your application.  Not to mention, USCIS would already have this information available to them. 

 

2 hours ago, Mishal said:

I believe some people who apply based on the 3 year rule (marriage to U.S. citizen spouse) list their days out of U.S. for the last 3 years only and point this out on the form because the form does not accommodate the 3 year rule by default.

Those who apply under the 3-year rule list travel history for the past 3 years.  You are applying (albeit early) under the 5-year rule and are not eligible under the 3-year marriage based N400.  Even though you are applying with the 4 year 1 day rule, you are still going to be adjudicated based on the 5-year eligibility, although the IO will take into account the early filing date.

 

If you believe your accumulated travel outside of the US over the past 5 years is going to put you over the limit, then why not just wait (and do not travel for lengthy periods of time) until the 2013-2014 year becomes irrelevant date wise and/or your days inside the US builds up more?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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