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naturalization under 4 years + 1 day rule

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  • naturalization under 4 years + 1 day rule

    Hello,

    I am trying to apply for naturalization under 4 years + 1 day rule.
    However, I am not 100% sure If I am eligible for it due to days I have
    spent outside of USA was more then 6 months. Please look at the
    following dates:

    Aug10,2004 departure from India
    (First time to US)
    Aug11,2004 Arrived to US

    Aug26, 2006 Departure from US
    12 Days
    Sep 16,2006 Arrived to US

    Nov20, 2006 departure from US
    297 days Total days of spend outside of US is 392 Days
    Sep 14, 2007 Arrived to US

    Nov 11, 2008 Departure from US
    25 Days
    Dec 6, 2008 Arrived to US

    Dec 25, 2010 departure from US
    21 Days
    Jan 16, 2011 Ariived to US

    May 12, 2011 departure from US
    28 Days
    June 09, 2011 Arrived to US

    I did file tax return in 2007 for 2006. I have copy of all my tax
    return (received from IRS office).
    However, I was staying with my uncle in CA therefor, I don't have
    lease document and i dont have any bank transactions during that those
    10 months neither any utlility bills for those 10 months.

    Also do i need to send any other documents.

    Please suggest.

  • #2
    In almost all cases, if you leave the United States for 1 year or more, you have disrupted your continuous residence. This is true even if you have a Re-entry Permit. If you leave the country for 1 year or longer, you may be eligible to re-enter as a Permanent Resident if you have a Re-entry Permit. But none of the time you were in the United States before you left the country counts toward your time in continuous residence.

    If you return within 2 years, some of your time out of the country does count. In fact, the last 364 days of your time out of the country (1 year minus 1 day) counts toward meeting your continuous residence requirement.

    You have to prove that you were physically present in the US for thirty months within the five year period before filing the citizenship form. If you are applying based on marriage to a US citizen, the the requirement is eighteen months within the three year period.

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