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My dad got his GC on 2005, but went back to his country for 2 years with a reentry permit. He came back on 2008 and has been in the US since. My question is when is the earliest can he apply for US citizenship? I'm a bit confused on the rules. Thanks in advance for all the help.
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Well...
Originally posted by purpletoes View Post
Hi,
The way i understand it, as per M-476 guidelines for continuous residence. Your dad is eligible to apply 4 years and 1 day after he got back in the US in 2008, if he returned under 2 years with the re-entry permit..Time spent here in the US for continuous residence rquirement before he left for 2 years wont count anymore, but 364 days (1 year minus 1 day) outside would count. Also, be sure that he doesnt leave the US for trips longer than 6 months so the continuous residence count wont be affected..
Read the guide and there's even an example there about it.
As for physical presence, i think he's qualified as long as he stays a total of 30 months in the US...
Oh, and you can apply and submit N-400 form 90 days before he reaches the eligibility requirement.
*This is only based on what i understand, please consult an immigration attorney just to be sure...*
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