Apply N-400 with 1+ yr outside US

[shahsam]

I received my GC in 2002 and left US to work in Asia on Jan 3, 2004 for more than a year (470 days). I filed for re-entry permit, but my company could not qualify to apply for N-470.

I came back on Jan 7, 2005 and have been in US ever since. I applied for citizenship based on M-476 on Oct 31, 2008 (90 days before 5 yrs based on 4 yr &1 day). In the interview, I passed everything but officer wanted to review more (so did not approve right away).

After 2 months, I received reply saying that I have been rejected, since I applied before 4 yrs & 1 day on return to US. (rule not documented anywhere)

On reading M-476 carefully, I am confused since the eligibility flowchart shows that if you left US for more than 1 yr, you are not qualified for US Citizenship at all. I have now read posting on applying 4 yrs after return to US.

My questions:
1. If I re-apply for N-400, do I qualify?
2. Do I have to do anything special, since I was rejected the first time?
3. Are there any short-cuts, since I have already gone through the process?
4. Would you recommend me to wait for another 6 months (Oct 2009) and then apply based on 5 years continuous stay after my return?

Please provide guidance to plan accordingly.

Thanks.

[paran96281]

Best bet is to wait for a full 5 years

Hi -

I had a somewhat similar situation where I was outside the US for a 10-month period (less than a year though) - so I researched everything before applying.

It is true that if a full 5 years haven't elapsed since you returned for good, you are ineligible to apply. The clock is "reset" if you leave the US without a re-entry permit, as you did.

The simplest option for you would be to wait a full 5-years (ignore the 90-day window that let's you allow 3 months early) and then apply. That way the "physical presence" will be a non-issue, and you case will become a simple open-and-shut case. The other reason is that currently N-400 processing is extremely fast - I became a citizen on April 10th, a bare 100 days after my application was received by USCIS.

Good luck.

[OnyxBlue]

Out of the U.S. for 9 months - Still eligible to file N-400?

Hello,

My wife is filing for her N-400 and she is in a similar situation as you were, except that she is applying for her citizenship based on 3 year eligibility (married to an U.S. citizen). In 2008, she was outside of the U.S. for a 9-month period due to medical emergency while traveling, but overall she has satisfied the physical presence requirement (total of 18 months in the States out of the last three years before she files for her application).

I am wondering during your naturalization process if you ran into any issues with USCIS regarding your 10 month stay outside of the U.S.? We have prepared medical records and physician statements to back up her medical condition and we hope this will help the situation.

So under such circumstance, in the N-400 form, Part 2. Information About Your Eligibility, should my wife check option B) I have been a lawful permanent resident of the U.S. for at least three years...? or does she need to select D) Other?

Any feedbacks will be greatly appreciated.