delay due to reentry permit?

[mgirkar]

My mother entered US with a green card in Jan 2008 but lived 2 years in India on a reentry permit. Can she apply for citizenship now? If not, when is the earliest that she can apply? Her relevant dates are below. I tried a search on "reentry" but drew a blank. Thanks.

=====================
Aug 13, 2007 - issued immigrant visa
Jan 25, 2008 - entered US as an immigrant

Apr 9, 2009 - Left US
Sep 7, 2009 - Entered US (out for 151 days)

May 6, 2010 - Left US with a 2 year reentry permit
Mar 17, 2012 - Entered US using 2 year reentry permit (out for 681 days, had to take care of some personal business in India)

Jun 7, 2012 - Left US
Jun 10, 2012 - Entered US (out for 3 days on a trip to Canada)

Jan 15, 2013 - Left US
Jun 29, 2013 - Entered US (out for 165 days)

Nov 24, 2013 - Left US
May 8, 2014 - Entered US (out for 165 days)

[rayb]

The earliest your mom can apply for Naturalization is December 13, 2016, unless she has been married to a U.S.citizen since (or before) 3/17/2012, in which case she can apply for Naturalization on December 13 2014.

Her two-year absence from the U.S. broke her "continuous residency' waiting time for citizenship eligibility.

The two additional absences for 165 days each might also be used by an inteviewer to question her "continuous residency" claim, and could cause her a problem.

--Ray B

My mother entered US with a green card in Jan 2008 but lived 2 years in India on a reentry permit. Can she apply for citizenship now? If not, when is the earliest that she can apply? Her relevant dates are below. I tried a search on "reentry" but drew a blank. Thanks.

=====================
Aug 13, 2007 - issued immigrant visa
Jan 25, 2008 - entered US as an immigrant

Apr 9, 2009 - Left US
Sep 7, 2009 - Entered US (out for 151 days)

May 6, 2010 - Left US with a 2 year reentry permit
Mar 17, 2012 - Entered US using 2 year reentry permit (out for 681 days, had to take care of some personal business in India)

Jun 7, 2012 - Left US
Jun 10, 2012 - Entered US (out for 3 days on a trip to Canada)

Jan 15, 2013 - Left US
Jun 29, 2013 - Entered US (out for 165 days)

Nov 24, 2013 - Left US
May 8, 2014 - Entered US (out for 165 days)

[mgirkar]

The earliest your mom can apply for Naturalization is December 13, 2016, unless she has been married to a U.S.citizen since (or before) 3/17/2012, in which case she can apply for Naturalization on December 13 2014.

Her two-year absence from the U.S. broke her "continuous residency' waiting time for citizenship eligibility.

The two additional absences for 165 days each might also be used by an inteviewer to question her "continuous residency" claim, and could cause her a problem.

--Ray B

Thanks, Ray. Can you explain how you arrived at the Dec 13, 2016 date? Reading through some of the INS documents this is what I was interpreting - Her arrival with reentry permit on Mar 2012 resets the counter to 1year (ie for the period from 2008 to Mar 2012 she gets 1 year credit) and then 4 years after that would be Mar 2016 to satisfy the 5year rule for citizensip - which meant that she could apply in Dec 2015? Am I interpreting this wrong? Do the 165 days absences further delay the date? Thanks again.

- Milind

[rayb]

Mgirkar,

I didn't "reseet" her clock at one year. Your new scheduling may be more accurate than mine. I normally take a conservative approach, as USCIS reviewers have discretionary authority to give or take her "eligible time."

The 165 x 2 absences further suggest that she was "using" the maximum allowable time outside the U.S. to live in two places, rather than maintaining "continuous residency," but that view is subject to interpretation.

--Ray B

Thanks, Ray. Can you explain how you arrived at the Dec 13, 2016 date? Reading through some of the INS documents this is what I was interpreting - Her arrival with reentry permit on Mar 2012 resets the counter to 1year (ie for the period from 2008 to Mar 2012 she gets 1 year credit) and then 4 years after that would be Mar 2016 to satisfy the 5year rule for citizensip - which meant that she could apply in Dec 2015? Am I interpreting this wrong? Do the 165 days absences further delay the date? Thanks again.

- Milind