Another (but quick) Naturalization-with-Re-Entry-Permit question

[JPeregrine 0]

Am about to submit my N-400 today, but something's bothering me to which I'll explain below. Basically, I'm eligible for Naturalization already based on my situation, and here's the breakdown:

- Became a Lawful Resident/GC holder in 2007
- Filed and successfully acquired a Re-entry Permit in November 2008 and left the US from 2008 to 2010
- Went back to the US (and surrendered my Re-entry Permit at the port of entry) in November 2010. Been staying here as lawful resident since (Feb 2015 as of this writing) though I've travelled to other countries that didn't last for more than 6 months.

Since having a Re-entry gives you the advantage to wait for 4 years + 1 day (instead of 5) to apply for Naturalization, I figured I'd be OK with my application since I pretty much met all the requirements needed.

HOWEVER! I mentioned earlier that I surrendered my Re-entry Permit to the immigration officer upon entering 4 years ago, and I don't have any "proof" or documents that pertains to my Re-entry permit. So my questions is: Will my application be OK, considering that I've met the 4 year rule/requirement even though I have no visible proof of my Re-entry Permit? I mean, what if they ask to bring some proof during the interview or something?

Thanks so much for your time, fellow reader; any help would be greatly appreciated.

Edited February 17, 2015 by JPeregrine

[JPeregrine 0]

Also, in Part 8 of the N-400: Do I have to list the dates of my travel during the Re-Entry period (in this case, the November 2008 - November 2010 days)? Because I did and I have to obviously check the box where it says "Did trip last than 6 months or more".

[apple21 953]

Hi!

What do you mean by the 4 years + 1 day advantage? Is that applicable to 10yr GC holders as well? Thanks.

[NigeriaorBust 4,087]

People out of the US for more than a year with a reentry permit reset their physical presence clock to 0 , however 1 year of their time abroad can count towards time as an LPR. They still have to worry about the rest of the requirements ( total time in the US, residence for time immediately prior to filing )

[JimmyHou 614]

People out of the US for more than a year with a reentry permit reset their physical presence clock to 0 , however 1 year of their time abroad can count towards time as an LPR. They still have to worry about the rest of the requirements ( total time in the US, residence for time immediately prior to filing )

Correct, especially the part about meeting the resit of the requirements. Just minor note: I'm not sure that it is 1 year of their time abroad that counts... I thought that it was 1 year of the time they spent in the US before leaving. Either way, it's 1 year.

BUT, the 4 year + 1 day rule only applies if the applicant spent at least 1 full year in the US before leaving.

So, if you get your green card and then 7 months later, you leave the country for 2 years, then on the day you return, you need to wait 5 years to apply.

However, if you get your green card and then 15 months later, you leave the country for 2 years, then on the day you return, you need to wait 4 years + 1 day to apply.

Also, if you are applying based on marriage to a US citizen, the 4 year + 1 day rule becomes a 2 year + 1 day rule.

Finally, without a reentry permit (or even with one if you stay abroad too long) you could be considered to have abandoned your green card.

Edited February 17, 2015 by JimmyHou