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90 days early rule after broke continuous residency. need advise

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  • 90 days early rule after broke continuous residency. need advise

    hi all,
    I have the green card for 7.5 years (dv lottery) and I established my residence from Feb 2008 to now without leaving the U.S.
    I have few long-trips in 2005-2006 and 2007 and I exceed 6 months more than three times in past 7.5 years and never applied for ReEntry permit.
    Please check my trips below and give me an advise.

    Date I left the U.S..............Date I returned to the U.S..........Total Days Out Of U.S.
    05/22/2007...................................02/10/2008................................264
    06/05/2006...................................05/03/2007................................332
    06/16/2005...................................05/26/2006................................344
    First time Travel to United States (DV1 Immigrant Visa) 04 / 15 / 2005

    Regarding citizenship eligibility calculator;

    "You will be eligible on or after 02/10/2013, provided you meet the continuous residence and physical presence requirement by then.
    You can file your Form N-400, 90 days before your eligibility date i.e. on or after 11/12/2012."

    But as far as I know 90 days rule doesn't apply for who broke their continuous residence.
    Should I wait for three more months to apply or can I just do it now?

  • #2
    Just my personal opinion: I would play it safe and apply when you have completed 5 years in the US after your latest long trip. The N-400 is pretty expensive and long process if there are hurdles in your application. I would not risk it just to apply 90 days early.
    Last edited by nwctzn; 11-19-2012, 07:33 PM.

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