N-400 4 year 1 day rule

[bilbo 0]

Regarding N-400, part 9, question 3.

I got permanent resident status on 5/11/11.

I left the country for 598 days and returned 8/17/13.

 

On 8/18/17,

I will have been in the Untied states as for a continuous 4 yeas and 1 day within  5 year period.

I know I can apply for citizenship on this day.

 

However,

My question regards N-400, Part 9, question 3: It states, "List below all the trips of 24 hours or longer that you have taken outside the United States during the last 5 years. Start with your most recent trip and work backwards."

 

then is has "date you left" the United states,

"date you returned", "did you leave for 6 months or more?",  "which countries traveled", and "total number of days outside United States".

 

I'm not sure what to put as start date - since they referred to trips within 5 years;

 

however, I left the country on 12/27/11 (even though that is outside the 5 year window), and was gone 598 days before I returned.

 

Should I put "start date" as being 12/27/11 (actual)  or should I put only the start date as "8/18/12" first date within 5 year widow?

 

I am confused what to put there. Please advise.

Thanks!

 

[Russ&Caro 1,550]

Others can weigh in here because I'm no expert but it sounds like you abandoned your green card when you left for 598 consecutive days. There is some sort of re-entry permit that you can apply for if you have a long extended stay out of the USA which might allow for such a long stay. Did you apply for such a permit? If not, I'm guessing USCIS will catch that long absence and you might have some problems both with citizenship and retaining your green card. I'd see an attorney if I were in your shoes.

[bilbo 0]

Thanks

[bilbo 0]

Regarding N-400, part 9, question 3.

I got permanent resident status on 5/11/11.

I left the country for 598 days and returned 8/17/13.

 

On 8/18/17,

I will have been in the Untied states as for a continuous 4 yeas and 1 day within  5 year period.

I know I can apply for citizenship on this day.

 

However,

My question regards N-400, Part 9, question 3: It states, "List below all the trips of 24 hours or longer that you have taken outside the United States during the last 5 years. Start with your most recent trip and work backwards."

 

then is has "date you left" the United states,

"date you returned", "did you leave for 6 months or more?",  "which countries traveled", and "total number of days outside United States".

 

I'm not sure what to put as start date - since they referred to trips within 5 years;

 

however, I left the country on 12/27/11 (even though that is outside the 5 year window), and was gone 598 days before I returned.

 

Should I put "start date" as being 12/27/11 (actual)  or should I put only the start date as "8/18/12" first date within 5 year widow?

 

I am confused what to put there. Please advise.

Thanks!

[Russ&Caro 1,550]

I'm not trying to be a jerk here. Just giving you some things to consider.

 

A re-entry permit allows you to be out of the USA for up to 2 years. That would have fit your 598 day absence perfectly. That is, if you filed for and received a re-entry permit. If you did, then you're good to go and I would put dates in the application extending back beyond the 5 year window.

 

If you didn't receive a permit, then I would re-think applying for citizenship. You can probably enter and re-enter the USA with a permanent green card (as long as you don't stay outside for longer than 6 months) and the IO's might never look deep enough to see the 598 day absence. However, if you file n-400 then they're going to do a complete audit of all of your exits and entrances to the US. They will find your 598 day absence without a permit. There is absolutely no doubt they'll find it. At that point they may simply revoke your green card and you would have to leave the country. Or, in a best case scenario, maybe they allow you to provide evidence of why you left the country. Even if they allow you to keep the green card through this process, they may still reject your application for citizenship.

 

It's your call.