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imm1234

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    imm1234 reacted to nastra30 in Has anyone filed under the 4 year 1 day rule without a lawyer?   
    I think this will still be under the 5 year rule when selecting on the N400 form. I will leave it to chime in on the eligibility part of your concern. Good you are doing your due diligence ahead of time so you don't get blindsided later. Good luck.
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    imm1234 got a reaction from Kiolas in Has anyone filed under the 4 year 1 day rule without a lawyer?   
    Yes, I’m aware. And it could get much longer If we decide to file a year later. My district office had interviews scheduled at 5 months from biometrics this very time last year and now it’s double the time.
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    imm1234 reacted to EM_Vandaveer in Has anyone filed under the 4 year 1 day rule without a lawyer?   
    FYI, it's still a filing under the 5-year rule, they're filing on the basis of having been LPRs for 5 years.
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    imm1234 got a reaction from Kiolas in Has anyone filed under the 4 year 1 day rule without a lawyer?   
    The page that you link on the USCIS site had a footnote that led me to a website that said 
     
    https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.316_15
     
     
    (ii) For period in excess of one (1) year. Unless an applicant applies for benefits in accordance with §316.5(d), absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under §316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence. An applicant described in this paragraph who must satisfy a three-year statutory residence period may file an application for naturalization two years and one day following the date of the applicant's return to the United States to resume permanent residence.
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    imm1234 got a reaction from Kiolas in Has anyone filed under the 4 year 1 day rule without a lawyer?   
    My parents are eligible to file under the 4 year and 1 day rule next week. We have spoken to 2 attorneys and they said my parents are eligible (they left the country for 15 months after filing for a re-entry permit in person before leaving, but they have been maintaining continuous residence since Jan 2015, they had left for health treatments abroad as they didn’t have health insurance here in the US at the time) 
     
    One out of town attorney was too expensive to retain and one said they could just attend the interview with my parents, so wouldn’t have to pay their firm the expensive filing fees.
     
    We can file the n400 without issues, but I have read that sometimes USCIS agents aren’t aware of the 4 year and 1 day rule and will reject the application. There is also no place on the application to clarify that we are filing under the 4 year and 1 day rule as opposed to the 5 years rule. 
     
    Has anyone filed and received their citizenship under this rule with no issues? Without retaining an attorney? Is there a way to attach a letter or addendum stating our intent to file under this rule when we file the n400 online?
     
    Thank you!
     
     
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