Jump to content
Sign in to follow this  
wski810

Question regarding N400- Time outside US

6 posts in this topic

Recommended Posts

Filed: Other Country: South Korea
Timeline

Hi, I have a question please help!

I got my green card in 2005, and lived in Asia (Korea & Hong Kong) during Aug 2008-Aug 2012. Upon getting a reentry permit I later came back to the US in Aug 2012 and have lived here ever since. I realize that the 4years+1day rule makes me eligible to file the N400.

But in part 8 (time outside US), do I have to write down that I left the US in 2008 and came back in 2012? It's only asking for the last 5 years (so I'm assuming Sept 2011-Sept 2016), and I'm not sure whether to just omit this info and clarify it at the interview since the 4years+1day rule allows me to apply anyways. I can't exactly write 2011-2012 either since I left the US for sure in 2008, but if I write 2008-2012 then the total days i've been out of the US would look extremely large even though it's beyond the 5year time frame that the form asks for.

Whether I do write in part 8, I suppose I do need to write in my old address from 2011-Aug 2012 since that still counts within the 5 year time frame right?

Thanks.

Share this post


Link to post
Share on other sites
Filed: Other Country: South Korea
Timeline

Not sure where you heard about 4 years + 1 day. Eligibility begins 5 years - 90 days.

That's another different rule, but I was actually referring to §Sec. 316.5©(1)(ii) hence the four years+1 day exemption which in fact does exist, but seems to be overlooked by many.

I'll be including that info on my cover letter just in case anyways, since I guess it's a rarer case. Still looking for advice however!

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31016.html

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Egypt
Timeline

4+1 rule is valid and is regularly used. Unfortunately, some interviewers aren't aware of all the rules and I've seen cases where applicants under the 4+1 rule and 2+1 rule had a hard time. Take print outs of the relevant sections of the UScIS Policy Manual to the interview and be prepared to explain your eligibility if you get one of these interviewers.

Although the form only asks for the last 5 years, I would list the entire time abroad (one entry) and mention that there was a reentry permit. Something like "Korea Reentry Permits".

I was under the impression that a reentry permit was good for two years. I assume you applied for a renewal. If not, I would assume that uscis could consider your residency abandoned. I could be wrong about this; I'm not all that familiar with reentry permits. As long as they covered the whole period you were living abroad you'll be fine.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: China
Timeline

OK, that was mind-blowing; I've never heard of that rule until today.

Anyway, to answer your question, I have to point out the entire N-400 form seems to have been generically made for the 5-year rule applicants, so for special-rule applicants (including marriage), many feel that they have to give out so much irrelevant information because they know the information asked should be legally irrelevant to the rule they're applying under.

I am applying under the marriage rule, but my attorney still told me to give out my travel, residence, and work history of the past 5 years. Therefore, that'd be my thoughts for you too--take the form's every single question literally.

There will be other people here that would tell you to only provide information related to the rule you're applying under. It's your choice really, but personally, I wouldn't want the officer to think that I'm withholding any info, taking advantage of the law. It's the lawyer's job to play tricky; but it's our job to play humble, I think.

That's another different rule, but I was actually referring to §Sec. 316.5©(1)(ii) hence the four years+1 day exemption which in fact does exist, but seems to be overlooked by many.

I'll be including that info on my cover letter just in case anyways, since I guess it's a rarer case. Still looking for advice however!

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-30960/0-0-0-31016.html

Edited by vanhiscers87

Share this post


Link to post
Share on other sites
Filed: Other Country: South Korea
Timeline

Alright I took Jimmy's advice and put in some additional comments in the section while writing in the whole 2008-2012 duration; made sure to remind whoever's reading it to take note of the 4years1day statute. Also attached a copy of my flight records in and out of the country as well. Submitted today so we'll see how this goes.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...