4 years and 1 day rule. Permanent res, absent for over 1 year, after 5 years.

[Kyri]

Can anyone help me please? Does the 4 years and 1 day rule apply for Permanent residents who were absent for over 1 year, after 5 years of continuous residency?(outside of statutory period)

[newacct]

It's either 4 years and 1 day or 4 years and 6 months. See USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-2. If you have strong evidence of ties to the US that would have been able to overcome the presumption of interrupting continuous residence for people who had been absent between 6 months and 1 year, you can apply 4 years and 1 day after the return from your absence. If you cannot provide such evidence, you can apply 4 years and 6 months after the return from your absence.

[arkaa]

"A trip of more than 6 months but less than one year is presumed to break your continuous residence. While a trip 12 months or longer will definitely break your continuous residence."

IMO, if you stay out of the country for more than 12 months, then there is very little chance you can satisfy the continuous residence & physical presence requirements. If it was more then 6 months but less than a year, you may present your case and convince them. But more than a year, then your clock starts afresh - if they let you back into the country.

"A green card (Form I-551, Permanent Resident Card) is not valid to reenter the U.S. if you have been abroad for 1 year straight or more."

If you have a valid reason for being away for more than an year, you need to talk to a lawyer. In future, if you know you are going to be out of the country for extended periods, inform USCIS first and get a re-entry permit, it allows you to be outside of the U.S. for 2 years straight.

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It's either 4 years and 1 day or 4 years and 6 months. See USCIS Policy Manual, Volume 12, Part D, Chapter 3, section C-2. If you have strong evidence of ties to the US that would have been able to overcome the presumption of interrupting continuous residence for people who had been absent between 6 months and 1 year, you can apply 4 years and 1 day after the return from your absence. If you cannot provide such evidence, you can apply 4 years and 6 months after the return from your absence.

I will open by saying I am not sure if this modus operandi is still valid...

Around 2005, a family (I know them) landed at JFK airport. They had green cards but had moved to Dubai about 7-years earlier, and never visited the US again. When their son developed a rare medical condition in 2005, they were advised to take him to the US for treatment. When they landed the immigration officer asked them to explain their absence. After they narrated the above, he welcomed them back, keyed in lengthy notes in the system and asked them to go and apply for their citizenship! The officer displayed trust and empathy - did not even ask them for supporting medical documents!! Like many other immigration rules, they seem to to be accommodative and lets the CBP officers exercise their discretion. I am not sure if they now follow the "letter of the law", but the flexible approach makes sense because not every minute scenario can be codified in a law.

[newacct]

I will open by saying I am not sure if this modus operandi is still valid...

Around 2005, a family (I know them) landed at JFK airport. They had green cards but had moved to Dubai about 7-years earlier, and never visited the US again. When their son developed a rare medical condition in 2005, they were advised to take him to the US for treatment. When they landed the immigration officer asked them to explain their absence. After they narrated the above, he welcomed them back, keyed in lengthy notes in the system and asked them to go and apply for their citizenship! The officer displayed trust and empathy - did not even ask them for supporting medical documents!! Like many other immigration rules, they seem to to be accommodative and lets the CBP officers exercise their discretion. I am not sure if they now follow the "letter of the law", but the flexible approach makes sense because not every minute scenario can be codified in a law.

Naturalization is adjudicated by USCIS, not CBP. CBP at the time of entry has no role in determining whether someone meets naturalization requirements if and when a person applies for naturalization at a later time.