naturalization after LPR

[anglosax 0]

Hi

Im a first time poster here .... but it will not be the last....

I have a twist on the 5 year LPR in US period before applying for N400.

I applied previously in 2008 for my naturalization but was denied because I had spent 2002-2005 out of USA for family bereavment in UK. My LPR status was reinstated in june 2006, but at my N400 interview the IO gave me a letter - NOTICE OF WITHDRAWL - stating I could reapply for naturalization 4 years and 1 day from that interview date - march 2008

So now I have two periods - 5 years from my reinstated LPR date june 2006 or 4 years and 1 day from my N400 interview march 2008

As there is almost a year difference between the 2 dates can anyone clarify if I can file with the earliest date ?

[Brother Hesekiel 2,236]

No.

And, frankly, I can't make any sense of the 4 years and 1 day period, at all.

If you have in writing that your LPR status was reinstated in June of 2006, then that's the magic date, meaning you'd be eligible now.

You also have not been denied, as you withdrew your petition.

I cannot find any reference of a silent time frame of "over 4 years" (which is what 4 years and 1 day would mean) anywhere.

[JoannaV 174]

"4 years and 1 day" does come up in some circumstances. For example, USCIS gives an example of someone who left the US for a year and 3 days but applied for a re-entry permit before leaving: "The last 364 days the applicant was out of the United States count toward her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not."

I'm not entirely sure why the IO gave you that date, but if there is indeed a time frame given you then you must abide by it, unfortunately.

[anglosax 0]

"4 years and 1 day" does come up in some circumstances. For example, USCIS gives an example of someone who left the US for a year and 3 days but applied for a re-entry permit before leaving: "The last 364 days the applicant was out of the United States count toward her time as a Permanent Resident in “continuous residence,” but the 3 years in the United States before leaving do not."

I'm not entirely sure why the IO gave you that date, but if there is indeed a time frame given you then you must abide by it, unfortunately.

Looking closer at the documents and my passport, the IO took the last entry stamp date in my passport, which was a vacation trip to the BVI for a period of 2 weeks out of the USA - and unfortunately only a couple of weeks earlier than my interview date. This clearly was not a break in LPR and I have tax returns from 2006-7 to date to show continuous residence - I also have my Legal Returning Residence Card with the 2006 entry stamp - do you think I have a case for the earlier date or will I waste the filing fee . Is there any office to talk to ??????

[JoannaV 174]

Looking closer at the documents and my passport, the IO took the last entry stamp date in my passport, which was a vacation trip to the BVI for a period of 2 weeks out of the USA - and unfortunately only a couple of weeks earlier than my interview date. This clearly was not a break in LPR and I have tax returns from 2006-7 to date to show continuous residence - I also have my Legal Returning Residence Card with the 2006 entry stamp - do you think I have a case for the earlier date or will I waste the filing fee . Is there any office to talk to ??????

It's good you've figured that out. You can call USCIS on 1-800-375-5283 or make an InfoPass appointment. I would want to phone several times and talk to different people to make sure the information they gave me was correct, lol.

[anglosax 0]

Joanna

Thankyou for your info, I will call as you suggested - good luck on your visa journey

Graham Johnson