Does Re-entry permit satisfy the Residency requirement?

[ConcordUser 18]

I am confused as I am reading some of the posts. Does the I-131 reentry permit satisfy the residency requirement for citizenship? I mean if some one travelled on the I-131 for 18 months and applying for the 5 year based application. Does that 18 months count towards the citizenship residency requirement of 5 years?

[N M 96]

Looks like the final 364 days of your trip would count towards the 5 years of continuous residency. But none of the time you spent in the U.S. before you left would count.

From the USCIS form - Who is eligible for Naturalization?:

http://www.uscis.gov...le/chapter4.pdf

What if I was outside the United States for 1 year or longer?

In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit.

If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence.

If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

Edited February 5, 2012 by N M

[I AM NOT THAT GUY 5,715]

I am confused as I am reading some of the posts. Does the I-131 reentry permit satisfy the residency requirement for citizenship? I mean if some one travelled on the I-131 for 18 months and applying for the 5 year based application. Does that 18 months count towards the citizenship residency requirement of 5 years?

No.

[ConcordUser 18]

Looks like the final 364 days of your trip would count towards the 5 years of continuous residency. But none of the time you spent in the U.S. before you left would count.

From the USCIS form - Who is eligible for Naturalization?:

http://www.uscis.gov...le/chapter4.pdf

What if I was outside the United States for 1 year or longer?

In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit.

If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence.

If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

I see it. Looks like if some one leaves the country for more than 364 days the last 364 ( 1 year ) or some thing will count towards the citizenship but after that they have to stay in the country for another 4 years to establish the residency requirement ( for 5 years ) or 2 more years ( based on married to citizen for 3 years ). I guess what they are saying is if you leave US for more then 364 days you are loosing all the residency years or time and we have to start all over again.

[luvmyfamily 1]

I had the reentry permit, stayed outside us for 1 year and 4 days,, i just had my interview., she said it looks like i abandoned my lpr status during those times, i said i have re entry permit, she said that's not a proof that u did not abandon your status, its only a permit so you can go back here,

Refer to my thread for my story

now, i received an email that my n400 is denied..:c

I just dont know if it is because i submitted my application with the 90 day head start (i did not know you could not combine 90 day head start and 4 year 1 day rule for re entry permit holders)

Or she did judged that i abandoned my lpr status..

Ill let you knOw as soon as i receive my packet

[luvmyfamily 1]

Based in experience, if theres no reason to apply for n400 soon, just have a clean 5 year stay with out a trip more than 6 months.. Its easier to deal with

[sicce 0]

Re-entry permit is NOT proof of residency, it is simply a permit enabling you to return to US with a 2yr period.

[ConcordUser 18]

I had the reentry permit, stayed outside us for 1 year and 4 days,, i just had my interview., she said it looks like i abandoned my lpr status during those times, i said i have re entry permit, she said that's not a proof that u did not abandon your status, its only a permit so you can go back here,

Refer to my thread for my story

now, i received an email that my n400 is denied..:c

I just dont know if it is because i submitted my application with the 90 day head start (i did not know you could not combine 90 day head start and 4 year 1 day rule for re entry permit holders)

Or she did judged that i abandoned my lpr status..

Ill let you knOw as soon as i receive my packet

I'll be curious to find out what the letter says.

[luvmyfamily 1]

I think That's why she seems not

To pay attention to me, just like the impression of lets get thus over with, she even said the answers to my written answers test. (not that i did not know, before handing me the answer sheet, she told me what t write in the paper)

Because she knows i was doomed from the start

Edited February 6, 2012 by luvmyfamily

[nwctzn 55]

I think That's why she seems not

To pay attention to me, just like the impression of lets get thus over with, she even said the answers to my written answers test. (not that i did not know, before handing me the answer sheet, she told me what t write in the paper)

Because she knows i was doomed from the start

Nope, that is standard procedure for the English test. First, the officer tells you to read the question (that is testing if you can read in English). Then, the officer tells you the answer and wants you to write it down (that is testing if you can write in English). So the officer did not treat you differently compared to other applicants.

Edited February 6, 2012 by nwctzn

[ceadsearc 516]

Not abandoning residency doesn't mean the days count towards your residency requirement for citizenship. It means you didn't (necessarily) abandon your GC and nothing more.

[Brother Hesekiel 2,235]

Once a LPR has left the U.S. for 6 months, the residency clock stops. Once the absence exceeds 1 year, the residency clock jumps back to zero.

A reentry permit only means that you tell those immigration folks that you plan to stay outside the U.S. for more than 1 year, but intend not to abandon your residency.

The first hurdle to proof this is CBP, as they can ask you to show them that you in fact did not abandon it while being abroad.

The second hurdle is USCIS, who again will evaluate whether or not you did not abandon your residency.

Folks, if you plan to become a U.S. citizen, it's good advice to reside in the U.S. until that happens. That doesn't mean that you can never travel abroad; it just means that you shouldn't be away for so long that every half-way sane person would conclude that you lived in your old country, and not in the United States.

If you have problems getting that done, wait until you have 5 years of clean residence without any excessive absence from the U.S. and apply then, not earlier.

[luvmyfamily 1]

I know, i should have waited., the only reason i was away is to study, iculd nod afford to finish my college here,

And the only reason i applied uaing 4 year 1 day rule is i cant wait to petition my husband

[ConcordUser 18]

Once a LPR has left the U.S. for 6 months, the residency clock stops. Once the absence exceeds 1 year, the residency clock jumps back to zero.

A reentry permit only means that you tell those immigration folks that you plan to stay outside the U.S. for more than 1 year, but intend not to abandon your residency.

The first hurdle to proof this is CBP, as they can ask you to show them that you in fact did not abandon it while being abroad.

The second hurdle is USCIS, who again will evaluate whether or not you did not abandon your residency.

Folks, if you plan to become a U.S. citizen, it's good advice to reside in the U.S. until that happens. That doesn't mean that you can never travel abroad; it just means that you shouldn't be away for so long that every half-way sane person would conclude that you lived in your old country, and not in the United States.

If you have problems getting that done, wait until you have 5 years of clean residence without any excessive absence from the U.S. and apply then, not earlier.

What if some one is traveling for school and spend 20 days / month out side the US and come back to US for 10 days and go back again and repeat this for 14 months to complete off shore school. In mean time work on US projects remotely and pay all the taxes in US. Will it be considered as break in residency for the USC application purposes?

[warlord 72]

What if some one is traveling for school and spend 20 days / month out side the US and come back to US for 10 days and go back again and repeat this for 14 months to complete off shore school. In mean time work on US projects remotely and pay all the taxes in US. Will it be considered as break in residency for the USC application purposes?

No you must maintain US residency. Coming back for 10 days or a few weeks does absolutely nothing for you. INS will know that you are trying to cheat the rules. They are very aware of that and no, it won't work.

You would have to live in the US and travel for short durations outside the US for this to work, which of case in schooling, that won't be an option. The only way is to get the re-entry permit and just deal with it, abandon US residency and don't bother returning to the US after or get your US citizenship first, then go to school abroad.

Now before you were confusing the re-entry permit with the N-470 form which can preserve US residency while abroad if you qualify for the special circumstances that allows such as being in the military, religious work. Most people do not qualify for the N-470 because of the specifications, but this is very different than the re-entry permit which only allows you back into the country. The N-470 acts as a re-entry permit and preserves your residency. But in your situation you won't qualify, so you just have those 3 options I mentioned above...