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4 years 1 day rule question re: naturalization

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  • 4 years 1 day rule question re: naturalization

    Hello. I became an LPR on February 2013 but applied for re-entry permit and left the US on April 2013. I came back 2 years and 2 months later, on June 18, 2015 and has been living here in the US eversince (I only travel for vacation, which is 3 months or less). Since it's more than 2 years, I assume I'm not eligible for this: "If you return within 2 years, some of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement."

    But I saw this four years and one day rule in the USCIS Policy Manual (https://www.uscis.gov/policymanual/H...hapter3.html):
    An applicant who is required to establish continuous residence for at least 5 years and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence.

    I am not exactly sure if they are the same thing but I wonder if I am eligible for this four years and one day thing that can make me apply for naturalization on June 19, 2019? The 'whose application for naturalization is denied for an absence of one year or longer' part is also confusing me, does it mean I have to be denied first and re-apply to be eligible for this? I'm totally confused and would need some advise, thank you!

  • #2
    Originally posted by aliaune View Post
    Hello. I became an LPR on February 2013 but applied for re-entry permit and left the US on April 2013. I came back 2 years and 2 months later, on June 18, 2015 and has been living here in the US eversince (I only travel for vacation, which is 3 months or less). Since it's more than 2 years, I assume I'm not eligible for this: "If you return within 2 years, some of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement."

    But I saw this four years and one day rule in the USCIS Policy Manual (https://www.uscis.gov/policymanual/H...hapter3.html):
    An applicant who is required to establish continuous residence for at least 5 years and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence.

    I am not exactly sure if they are the same thing but I wonder if I am eligible for this four years and one day thing that can make me apply for naturalization on June 19, 2019? The 'whose application for naturalization is denied for an absence of one year or longer' part is also confusing me, does it mean I have to be denied first and re-apply to be eligible for this? I'm totally confused and would need some advise, thank you!
    Yes, you are eligible to apply under the 5-year rule on June 19, 2019. Your continuous residence was interrupted by an absence of more than one year, therefore you can use the 4 year + 1 day rule.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Yes, you are eligible to apply under the 5-year rule on June 19, 2019. Your continuous residence was interrupted by an absence of more than one year, therefore you can use the 4 year + 1 day rule.
      Thank you for your response. One more question if I may add, in the 'List below trips [...] within the last 5 years' part of the N-400 form, if we fast forward to 2019, five years ago would be 2014. However, I left the US in 2013. How do you think I should enter it on "Date you left United States"? Should I use the original date that I left (April 2013) or should I adjust the date to just what is actually within 5 years (example: June 2014).

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