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Citizenship- First date to count 5 yrs. requirement if out of US when GC issued

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  • Citizenship- First date to count 5 yrs. requirement if out of US when GC issued

    My parents were out of the country on Advance Parole when GC was issued.

    Date of Departure from the US - 09/07/2017
    Green Card issued - 10/20/2017
    Date of Return to the US - 04/24/2018

    So they were out of the US for 6 months 4 days after the GC was issued but on Advance Parole.

    10/20/2022 will be 5 yrs. from the date of issue and per the early application rule (90 days prior) they can apply next week but I am not sure from when the 1st day is counted.

    Question --

    Will they be able to submit the application on 7/20/2022 (5 yrs from the date of issue)
    OR
    Will they have to wait till 04/24/2023, which will be 5 yrs. from the date, they returned back to the US?

    Appreciate the help in advance.

    Thank you.

  • #2
    My personal opinion (not a lawyer, not legal advice, etc.) is that one has to take a look at the "Resident since" date written on the green card, and that's when the 5-year clock starts.
    The above is my personal opinion and not legal advice.

    Comment


    • #3
      Thank you Dx134

      Comment

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