Please Help Me about 4 year 1 day rule and N-400

[gprsman 0]

Dear Friends,

I need your help and your follow about my N-400 application

My Permanet Resident Start Date is : 03/16/2006

I got two times re entry and last time I back to USA at 08/18/2011

My Departure dates are after back to USA :

First Departure : 00 Years, 0 Months, 16 Days
Second Departure : 00 Years, 5 Months, 30 Days
Third Departure : 00 Years, 5 Months, 24 Days
Fourth Departure : 00 Years, 2 Months, 3 Days

Total Days in USA last 5 year : 1033 days / 49 months.
Total Days Abroad last 5 year : 440 days / 14.6 months

I work at home on internet and I paid my taxex and I fillout my 1040s with income... I've also valid driver licence and credit card payments when I was at abroad.

Can I exploitation to 4 year 1 day rule for naturalization?

Amazing Thanks for reply me.

Best Regards

[JimmyHou 610]

Dear Friends,

I need your help and your follow about my N-400 application

My Permanet Resident Start Date is : 03/16/2006

I got two times re entry and last time I back to USA at 08/18/2011

My Departure dates are after back to USA :

First Departure : 00 Years, 0 Months, 16 Days

Second Departure : 00 Years, 5 Months, 30 Days

Third Departure : 00 Years, 5 Months, 24 Days

Fourth Departure : 00 Years, 2 Months, 3 Days

Total Days in USA last 5 year : 1033 days / 49 months.

Total Days Abroad last 5 year : 440 days / 14.6 months

I work at home on internet and I paid my taxex and I fillout my 1040s with income... I've also valid driver licence and credit card payments when I was at abroad.

Can I exploitation to 4 year 1 day rule for naturalization?

Amazing Thanks for reply me.

Best Regards

Maybe. Technically you qualify under the 4+1 rule. However, you broke your continuous residence twice with your re entry permits and then you took too long trips abroad after your return to the US. The USCIS policy manual says that trips under six months may break your continuous residence depending on the circumstances. If you can demonstrate that you were living in the U.S. during those two 5 month trips and that those trips were just visits, then you should be OK. If you can't show that you had a life here (car, house, bills) then the interviewer may start counting your 4 years from the day you returned from your second 5 month trip.

If those two trips happened very shortly after your return to the US in 2011, then it will be very clear to the interviewer that you didn't really return to live here in 2011, but rather sometime in 2012 and that you were just coming back to the US for a short visit in 2011.

Edited July 4, 2015 by JimmyHou

[gprsman 0]

Maybe. Technically you qualify under the 4+1 rule. However, you broke your continuous residence twice with your re entry permits and then you took too long trips abroad after your return to the US. The USCIS policy manual says that trips under six months may break your continuous residence depending on the circumstances. If you can demonstrate that you were living in the U.S. during those two 5 month trips and that those trips were just visits, then you should be OK. If you can't show that you had a life here (car, house, bills) then the interviewer may start counting your 4 years from the day you returned from your second 5 month trip.

If those two trips happened very shortly after your return to the US in 2011, then it will be very clear to the interviewer that you didn't really return to live here in 2011, but rather sometime in 2012 and that you were just coming back to the US for a short visit in 2011.

Thanks so much for explain....

I thin 4 year 1 day rule accepting is very hard right?

[JimmyHou 610]

Thanks so much for explain....

I thin 4 year 1 day rule accepting is very hard right?

It's not hard at all as long as it's clear that you started counting when you actually started living in the US permanently. The long trips make it look like you where not done living abroad. But it depends on your case.

[gprsman 0]

It's not hard at all as long as it's clear that you started counting when you actually started living in the US permanently. The long trips make it look like you where not done living abroad. But it depends on your case.

I was at abroad but I still worked online for US company. I paid my 1040 taxes. What's your opinion about that? Is this proof of I did not pull up pull up stakes?

Thanks for help me again

[JimmyHou 610]

I was at abroad but I still worked online for US company. I paid my 1040 taxes. What's your opinion about that? Is this proof of I did not pull up pull up stakes?

Thanks for help me again

You'll have to wait and see what the interviewer thinks. Safest thing to do would be to wait until it's ceen 4 years since you came back from your last long trip. But that's uour decision. It's ublikely that anything worse than a denial would happen. So you'll just lose the $700.

[gprsman 0]

You'll have to wait and see what the interviewer thinks. Safest thing to do would be to wait until it's ceen 4 years since you came back from your last long trip. But that's uour decision. It's ublikely that anything worse than a denial would happen. So you'll just lose the $700.

After Long trip I made two trips too, They're around 5 month 30 days : ( Twice times.... What do you think can they think I'm abuser?

[JimmyHou 610]

After Long trip I made two trips too, They're around 5 month 30 days : ( Twice times.... What do you think can they think I'm abuser?

When I said "long trip" I meant your 5 month trip.

I don't know what they'll think. Your application might be approved and it might not.

If you can afford to lose the $680, then apply. If you can't, then wait until it's been 4 years since your last 5 month trip.

[gprsman 0]

Thanks so much Jummy