4yrs 1day OR 4yrs 6months.

[auditorpnine]

don't exactly recollect if i posted this earlier too.
so, indulge me this:

lpr : sept 10,2018.
exit usa : jan 10,2021.
reentry in usa : jul 10,2022. (absence of 29 months, albeit with reentry permit).
july 10,2022 till ytd, one time absence of 8 months.

-what is the earliest date i can apply for citizenship(n-400)?.
(i realise, my clock was reset in jul 10,2022).

-would i be eligible for 4yrs 1day rule?
(chatgpt says 'yes')

[newacct]

An absence of between 6 months and 1 year is presumed to break continuous residence, but this presumption can be overcome with certain evidence. If the presumption is overcome, continuous residence is not interrupted. If not, you have to wait until 4 years and 6 months after your return to apply for naturalization. See 12 USCIS-PM D.3(C)(1).

An absence of more than 1 year definitely breaks continuous residence (with certain exceptions for people working for US organizations abroad which I will not go into). If you have evidence to overcome the presumption of breaking continuous residence during the last year of your absence, you have to wait until 4 years and 1 day after your return to apply for naturalization. If not, you have to wait until 4 years and 6 months after your return to apply for naturalization. See 12 USCIS-PM D.3(C)(2).

So there are 3 possibilities:

• If you are unable to overcome the presumption of breaking continuous residence during your second absence (of 8 months), you have to wait until 4 years and 6 months after your return from that absence. (Since you did not mention the dates of that absence, I can't calculate that for you.)
• If you are able to overcome the presumption of breaking continuous residence during the your second absence, but are unable to overcome the presumption of breaking continuous residence during the last year of your first absence, you have to wait until 4 years and 6 months after your return from the first absence (i.e. January 10, 2027)
• If you are able to overcome the presumption of breaking continuous residence during the your second absence, and also able to overcome the presumption of breaking continuous residence during the last year of your first absence, you have to wait until 4 years and 1 day after your return from the first absence (i.e. July 11, 2026)

[auditorpnine]

thank you.
'IF' 4yrs 1day rule will apply to me.
-can i JUST file n-400 form 90 days before july11,2026?
-after i file n400, can i exit usa for a short trip? (5-7 days).
-if rejected, will they refund the $710 filing fees or even adjust it against my next filing?

[newacct]

thank you.
'IF' 4yrs 1day rule will apply to me.
-can i JUST file n-400 form 90 days before july11,2026?

no

-after i file n400, can i exit usa for a short trip? (5-7 days).

yes

-if rejected, will they refund the $710 filing fees or even adjust it against my next filing?

I don't think so

[auditorpnine]

there are suggestions i should retain/consult an immigration lawyer to determine my exact n-400 filing eligibility date and also to guide me in 'properly' filing it.

should i?

also, was 60+ when received lpr, did not HAVE to work to make a living, thus my usa income ytd is nil (during last 6 years). have not filed income tax returns.
will it be a deal breaker? (in gaining citizenship)

residing rent free at my inlaws 2nd (empty) house in nj.

wife, daughter (lpr same date as me) have acquired citizenship in dec2023. (they did not have prolonged absence).

[auditorpnine]

someone...

[okccanary]

I understand with the current climate wanting to get citizenship as soon as possible but it might just be less stressful just to wait until you hit the 4yr 6 months eligibility. That way you definitely know you will be eligible and will hopefully have a way more stress free filing process compared to maybe having to provide evidence to overcome the absence.

[auditorpnine]

thanks.

this is a copy-paste

there are suggestions i should retain/consult an immigration lawyer to determine my exact n-400 filing eligibility date and also to guide me in 'properly' filing it.

should i?

also, was 60+ when received lpr, did not HAVE to work to make a living, thus my usa income ytd is nil (during last 6 years). have not filed income tax returns.
will it be a deal breaker? (in gaining citizenship)

residing rent free at my inlaws 2nd (empty) house in nj.

wife, daughter (lpr same date as me) have acquired citizenship in dec2023. (they did not have prolonged absence).