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View Full Version : Is this eligible for the 4 years 1 day period to citizenship test?


sekharan
04-21-2012, 12:46 AM
I helped my GF file her N-400 last month and also come to know of a few immigrants in our local community who are going through the same process.

One of them, a gradute student, has an "out of the usual case" for which I think he does not need to wait the full 5 years of "continious residency" but can do away with 4 years (and either 1 more day or 6 months) to appear for his citizenship test.

Here are his entry and departure records:

Entry to US Departure From US Days inside US during this trip Days outside US since departure
6/23/2007 8/12/2007 49 425
10/17/2008 12/17/2010 780 37
1/24/2011 currently in US 446 0

Total:
Days inside US: 1275
Days outside US: 462

I am aware of this rule at http://www.uscis.gov/USCIS/Resources/Citizenship%20&%20Naturalization%20Based%20Resources/A%20Guide%20to%20Naturalization/PDFs/M-480.pdf
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.

Given his situation, I have the following question:

1. Are those 49 days from 6/23/2007 enough to establish residency? (He got his LPR card during this very visit, on 7/17/2007)

Or would he require to begin his wait for naturalization afresh from 10/17/2008 as if he was never in the US from 6/23/2007 - 8/12/2007?

2. He is not sure if his family applied for his reentry permit (but I guess they did, otherwise he would not have been able to re-enter the US, right?)
Is it definitely required to show the reentry permit (I think this is the i-131 but there also seems to be something called a i-327)?
Can it be obtained from the INS/USCIS/ICE is he's lost his copy?

3. What's the correct time for him to start his naturalization process: "4 years 1 day" or "4 years 6 months" from 10/17/2008?

4. Is the date we get after adding 4 years (and either 1 more day or 6 months) to appear for his citizenship test or only for filing his N-400?
My understanding seems to be that it's his date from which he's eligible for his citizenship test/INTERVIEW? (but I am not sure when he should file his N-400 in that case)

His family does not live in US but visits him every year from Gujrat, but he got his LPR through his maternal aunt (his mother is a LPR)

He had visited US many times before the 6/23/2007 date, but that is the entry date when his LPR card was given to him (on 7/17/2007).

The 425 days break for his 6/23/2007 visit was to finish his final year at an engineering college in Singapore and his Singapore visa mentions this in the passport.

He intends to marry a Chinese national, a F1 graduate student on OPT, in his same college and I have agreed to be the co-signor of the financial support affidavit and possibly cover their immigration lawyer costs (if you guys suggest it would be helpful for them) but I willing to do that only if he can naturalize sooner than the usual 5 years.