Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Earliest date to apply for citizenship help

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Earliest date to apply for citizenship help

    Hi,

    I’m looking at the citizenship requirements and I’m facing the following question for which I couldn’t find a definitive answer. Any help is very much appreciated.
    I became a PR Feb 2016, I validated my Green Card and returned the same day to Canada to finish school where I spent 11 months outside of the US and returned Jan 2017. After the long stay I only had couple of trips (vacation) which lasted few days each, to week.

    So, my question is when would be the earliest date for me to apply:
    1. Feb 2021, 5 years after my established PR ? not likely I think.
    2. August 2021, 4 years and 6 months: which is 6 months from the 5 years anniversary of the newly established statutory period. (I no longer have month than 6 months trip)
    3. Jan 2022, 5 years after I the newly established statutory period began (returned from my long trip).
    4. Does the 4 years and 1 day apply to my case?

    Final question if case 2 is a good option for me then how to fill out the N400 section for travel history. do you include the long trip, or you only go back to the latest date I entered the US (Jan 2017)?

    Thanks

  • #2
    It's either Nov 2020 or Jul 2021. See USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-1. An absence of between 6 months and 1 year creates the presumption of interrupting continuous residence, but this presumption can be overcome with certain types of evidence. If you overcome the presumption of interrupting continuous residence, that means you didn't interrupt continuous residence and you qualify for naturalization 5 years after you became a permanent resident (you can apply 90 days early). If you are unable to overcome the presumption of interrupting continuous residence, then you qualify to apply 4 years and 6 months after you returned from your trip.

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

    Comment


    • #3
      Thank you for the reply.
      I think in my case 4 years and 6 month would be the safer option, since I have none of evidence to overcome the presumption.

      Comment


      • #4
        4 years and 9 month is the earliest date

        Comment


        • #5
          Angelo Hsing 4 years + 9 months is the earliest date if she can rebut the presumption (that's the same as 5 years since LPR start date).

          Otherwise use the 4 years, 6 months rule.

          As newacct said.
          2/20: Received at Chicago lockbox
          4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
          4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
          4/19: Request to expedite EAD
          5/11: Received EAD
          6/26: Applied for Advance Parole
          8/09: Advance Parole approved
          8/29: Scheduled for Interview
          10/11: Interview
          10/12: RFE on I-130 (misplaced G28)
          10/16: Sent new G28
          10/19: Approved!

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X