Jump to content

4 posts in this topic

Recommended Posts

Posted

Hello,

          My parents are permanent residents since 2010. In October 2014 they obtained 2 year re-entry permit. They returned to US in June 2016. They have been in US since then. When the earliest they will be eligible to apply for citizenship?

Filed: Citizen (apr) Country: Vietnam
Timeline
Posted

June 2021

ROC Timeline

Service Center: Vermont

90 Day Window Opened....08/08/17

I-751 Packet Sent..............08/14/17

NO1 Dated.........................

NO1 Received....................

Check Cashed....................

Biometrics Received..........

Biometrics Appointment.....

Approved...........................

 

IR-1/CR-1 Visa

I-130 NOA1: 22 Dec 2014
I-130 NOA2: 25 Jan 2015
NVC Received: 06 Feb 2015
Pay AOS Bill: 07 Mar 2015
Pay IV Bill : 20 Mar 2015
Send IV/AOS Package: 23 Mar 2015
Submit DS-261: 26 Mar 2015
Case Completed at NVC: 24 Apr 2015
Interview Date: 22 Sep 2015
Visa Approved: 22 Sep 2015
Visa Received: 03 Oct 2015 

Filed: Timeline
Posted
1 hour ago, roc2017 said:

Hello,

          My parents are permanent residents since 2010. In October 2014 they obtained 2 year re-entry permit. They returned to US in June 2016. They have been in US since then. When the earliest they will be eligible to apply for citizenship?

If they apply 4 years, 6 months and 1 day after their June 2016 reentry (which is in Jan 2021), then they'll meet the continuous residence requirement. They will have one <6 month absence at the start of their 5-yr history prior to submission.

 

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

2. Absence of 1 Year or More

Example

An applicant for naturalization under INA 316 departs the United States on January 1, 2010, and returns January 1, 2011. The applicant has been outside the United States for 1 year and has therefore broken the continuity of his or her residence in the United States. The applicant must wait until at least January 2, 2015 to apply for naturalization, when the 5-year statutory period[24] immediately preceding the application will date back to January 2, 2010. At that time, the applicant will have been absent from the United States for more than 6 months, but less than 1 year, during the statutory period and may be eligible for naturalization if she successfully rebuts the presumption that she has broken the continuity of her residence.

If the applicant cannot overcome the presumption of a break in the continuity of his or her residence, the applicant must wait until at least July 1, 2015, to apply for naturalization, when the 5-year statutory period immediately preceding the application will date back to July 1, 2010. During the 5-year period of July 1, 2010 to July 1, 2015, assuming the applicant did not make any additional trips outside the United States that would cause USCIS to presume a break in continuity of residence, the applicant was only absent from the United States between July 1, 2010 and January 1, 2011, a period that is not more than 6 months. Therefore, no presumption of a break in continuous residence applies.

 
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
- 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...