How does 4 year 1 day rule work?

[Nomad12 0]

Hi I have a question on when I can apply for naturalization. Would it be 5 years minus 90 days after I received my green card or will it be 5 years minus 90 days after I return?

 

February 1, 2017 - Received Green Card

July 18, 2017 - April 2, 2018 - Abroad (8.5 months)

 

Not planning any trips abroad at all of longer than 1 month until I naturalize.

 

So when is my eligibility to apply? 

 

Thank you!

[payxibka 10,044]

On 1/6/2018 at 12:57 AM, Nomad12 said:

Hi I have a question on when I can apply for naturalization. Would it be 5 years minus 90 days after I received my green card or will it be 5 years minus 90 days after I return?

 

February 1, 2017 - Received Green Card

July 18, 2017 - April 2, 2018 - Abroad (8.5 months)

 

Not planning any trips abroad at all of longer than 1 month until I naturalize.

 

So when is my eligibility to apply? 

 

Thank you!

In addition to the 5 years from your Resident since date, you need to have at least 30 months inside the USA. 

[Nomad12 0]

8 hours ago, love_my_wife said:

Hi Nomad, as per official USCIS website, the 4 years 1 day rule apply to those who have been outside of US for more than a year. They can apply for citizenship after 4 years and 1 day of returning back and maintaining continuous residence after that... The 90 day rule doesn't apply to 4 years 1 day rule!

 

My case is absence outside of US for more than 6 months but less than a year. However, USCIS website is not clear if 4 years 1 day rule applies in my case.

My case is same, more than 6 months but less than 1 year. So I'm confused if its 5 years from. green card date or 5 years from date I return

8 hours ago, payxibka said:

In addition to the 5 years from your Resident since date, you need to have at least 30 months inside the USA. 

So its 5 years from February 2017 and not April 2018?

[Nomad12 0]

Ok so after some research I'm seeing 3 options:

 

1. Apply 5 years from date of Green card issuance and explain the 8 month absence and hope the IO forgives it.

2. Apply 5 years after the 8 month absence comes under 6 months, so apply 5 years 3 months after February 2017.

3. Apply 4 years and 1 day after I return in April.

 

Any input?

[kausar 26]

I am also studying about naturalization a lot to see if I qualify under 4y 1d rule. Your case is different and this rule is not applicable on you. You have to overcome the presumption that you abandoned your residence during the period between 6 months and one year. You should have the proof of residence, tax return etc. If you cannot prove you may apply either Oct 3 2022 as your period of absence will be less than 6 months on this date or you can apply in January 2023 ie 90 days prior to completing 5 years. You may read this USCIS site about continuous residence.

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-3