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  • reemareema
    Member
    • Feb 2008
    • 11

    #1

    need help.

    i heard about 4years + 1 days rule. pls anybody explain it.
  • knowledgeable
    Banned
    • Jul 2006
    • 1957

    #2
    I thought ...

    ... it was that you can apply after 4 years and 9 months or to be precise 90 days prior to the five year period.

    Comment

    • PraetorianXI
      Senior Member
      • Aug 2006
      • 3541

      #3
      4 years + 1 rule:

      Those permanent residents, who broke their continuous residency for naturalization purposes. Who were supposed to be able to apply for citizenship 90 days before their 5th year as a permanent resident.

      Can apply for citizenship, 4 years + 1 day, after their return to the USA.

      Example: John Doe, became a permanent resident in January 2000. Through employment. He stayed 1 year in the USA and was supposed to file for citizenship in October 2004.

      But, he had to leave the USA for 18 months back to Australia... He had an approved I-131 re-entry permit and maintained his LPR status (filing taxes in the USA and such). but did break his continuous residency requirement.

      So, he returns to the USA in July 2003. He can not longer file for citizenship 90 days before the 5th anniversary as permanent resident. He has to start ALL OVER AGAIN... almost...

      As per the 4 years + 1 day rule, he can file for citizenship after 4 years + 1 day, after he returned to the USA... which saves him 9 months (if he had to wait 4 years + 9 months again).

      This rule also applies to people who gained permanent residency through marriage to an US Citizen and are still married to that US Citizen, except it is called 2 years + 1 day rule. Because that is how long it takes for you to be able to file for citizenship after returning to the USA (if you broke the continuous residency requirement). Only 2 years + 1 day.
      Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

      Comment

      • reemareema
        Member
        • Feb 2008
        • 11

        #4
        thanks

        thank you for answers.

        Comment

        • reemareema
          Member
          • Feb 2008
          • 11

          #5
          does it mean?

          Originally posted by PraetorianXI
          4 years + 1 rule:

          Those permanent residents, who broke their continuous residency for naturalization purposes. Who were supposed to be able to apply for citizenship 90 days before their 5th year as a permanent resident.

          Can apply for citizenship, 4 years + 1 day, after their return to the USA.

          Example: John Doe, became a permanent resident in January 2000. Through employment. He stayed 1 year in the USA and was supposed to file for citizenship in October 2004.

          But, he had to leave the USA for 18 months back to Australia... He had an approved I-131 re-entry permit and maintained his LPR status (filing taxes in the USA and such). but did break his continuous residency requirement.

          So, he returns to the USA in July 2003. He can not longer file for citizenship 90 days before the 5th anniversary as permanent resident. He has to start ALL OVER AGAIN... almost...

          As per the 4 years + 1 day rule, he can file for citizenship after 4 years + 1 day, after he returned to the USA... which saves him 9 months (if he had to wait 4 years + 9 months again).

          This rule also applies to people who gained permanent residency through marriage to an US Citizen and are still married to that US Citizen, except it is called 2 years + 1 day rule. Because that is how long it takes for you to be able to file for citizenship after returning to the USA (if you broke the continuous residency requirement). Only 2 years + 1 day.
          it means if you break your continues residency than you dont have to wait for 4 year and 9 month.after coming usa you can apply after 4 years and ** day is it ok?

          Comment

          • PraetorianXI
            Senior Member
            • Aug 2006
            • 3541

            #6
            Originally posted by reemareema
            it means if you break your continues residency than you dont have to wait for 4 year and 9 month.after coming usa you can apply after 4 years and ** day is it ok?
            yes, that is what i said.
            Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

            Comment

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