4 years + 1 day rule in Natuarilization

[beautifulmind 0]

After getting my GC, I stayed out of US for 3 years. But I had reentry permit for the last two years of those 3 years.Now I am living in US. Will 4 years + 1 day rule apply on me? Thanks

[f f 725]

what is the rule you are referring to? there is a 3 year and 5 year rule for naturalization but that just deals with how long you have had your green card before you can file for citizenship. you will have a tough time convincing them you met the living in the us requirment after having lived abroad for 75% of the time since getting the green card. only exception is if you were overseas because of military deployment that time counts as being inside the us for uscis' purposes.

[beautifulmind 0]

Thanks for the response. I heard with the 4 years + 1 day rule, a LPR can get a credit of 1 yr from those absent period (here 3 years) with a reentry permit and that  1 yr will reduce the 5 years requirement to 4 years. I wanted to know if that is right or not.

Edited April 9, 2017 by beautifulmind

[Unlockable 7,315]

You heard wrong, sir. 

 

Instead of referring to hearsay you can go on the official immigration website and review the requirements (I provided a link for you). Like mentioned, you still got some time to make up because you've been out of the US for a while.

 

https://www.uscis.gov/citizenship/teachers/naturalization-information

[beautifulmind 0]

Please see this.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html  which says

 

3. Eligibility after Break in Residence

"An applicant who is required to establish continuous residence for at least five years  and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement may apply two years and one day after returning to the United States to resume permanent residence."

[JFH 12,190]

So you need to remain in the USA for 4 years and 1 day since your last return before you can file. 

 

Is the USA now your permanent home (as if should have been from when you obtained your GC)? 

 

[Unlockable 7,315]

Was your application denied? It say an applicant whose naturalization was denied

Also says may apply for naturalization four years and one day AFTER returning to the United States to  resume permanent resident. Not the total 4 years and 1 day of having a green card.

 

So now that you are back in the US, the clock has started. 

[beautifulmind 0]

It does not make sense, if you are denied you can take the advantage of 4 yr+1day, and others have to wait 5 years. A better interpretation is needed. 

Edited April 9, 2017 by beautifulmind

[Unlockable 7,315]

Even if you are not denied you still have to wait the time.

 

We are not trying to misguide you here. Immigration is pretty strict on the maintaining residency requirements within the US. 

[beautifulmind 0]

So, you are saying if not denied, someone has to wait 5 years.

[f f 725]

when did you get your green card and when did you last enter the us?

[Unlockable 7,315]

32 minutes ago, beautifulmind said:

So, you are saying if not denied, someone has to wait 5 years.

5 years for non marriage based permanent residents

 

3 years for marriage based permanent residents

 

So if you have been a green card holder for a minimum of 5 years residing in the US and you had NEVER left the US for long periods of time, you would qualify.

 

But if you have been a green card holder for 5 years and you lived in another country for three of those years, you only have 2 years of US residency. Thus you do not qualify. You have to wait until you have accumulation 5 years (or 3 years if you got your GC by marrying a US citizen) residing in the US.

[beautifulmind 0]

Thanks NuestraUnion. I also found the same rule from USCIS. But this 4years+1day rule for LPR with a reentry permit and stayed more than a yr out of US made me curious that if you can apply one year before of total 5 years (or 2 years in case if you have a US spouse).

[JFH 12,190]

I don't know why you are confused. The rules are quite clear. You need to maintain residency for the set amount of time before your application for citizenship can be considered. Why would the US grant citizenship to someone who hasn't been living in the country? 

[beautifulmind 0]

Definitely not. I am looking for a better clarification of the 4 year+1 day rule, such as in which case it is applied?