sreeleshk
Hi Everyone,
I am having trouble assessing my eligibility as of when I could apply (Applying at the earliest is what I intend to do if I qualify). My case is not a very typical one so I am finding it hard to get insight on the issue.
_______________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010
2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.
3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
_______________________________________________________________________________________________________________________
My Case:
I had been granted a PR on 02/20/2003. After that I had made several trips (as I was still doing my bachelor's degree in my native country).
The following are the details of my trips
02/20/2003 Became a permanent Resident (arrived in America).
05/24/2004 Left for native country (to continue with college).
02/27/2004 Arrived In America.
05/20/2004 Secured a Re-Entry Permit and Returned back to my native country to continue with my college.
02/02/2006 Arrived in America.
05/19/2007 Left America to native country.
11/08/2007 Returned to America
07/29/2008 Left to Native Country (got married to a citizen of my native country).
10/16/2008 Returned back to America.
03/03/2009 Left to Native Country.
05/13/2009 Returned to America
I had stayed outside the country
279 days on my first trip.
623 days on my second trip.
173 days on my third trip.
79 days on my fourth trip.
77 days on my 5th trip.
I do not wish to make any further trips till I am granted citizenship. I already meet the 30 months stay in America (Physical Presence) but I am confused of how my 5 years CONTINUOUS RESIDENCE works out. What I have understood reading the naturalization guide is that my condition is very similar to the example scenario on page number 23 of the naturalization guide; I quote from the guide M-476,
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
“Continuous Residence” Example
• An applicant became a Permanent Resident on January 1, 1994.
• She lived in the United States for 3 years, then returned to her native country for 1 year and 3
Months.
• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent
Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364
Days the applicant was out of the United States count toward her time as a Permanent
Resident in “continuous residence,” but the 3 years in the United States before leaving do
Not.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
I can relate to this example if so, will I qualify upon completing 4 years and 1 day (5 years -364 days The last 364 days the applicant was out of the United States count toward the time as a Permanent Resident in “continuous residence,” - from the above example) after my entry to America in 02/02/2006 (after which I had no trips longer than 6 months, and I do meet the 30 months stay in America). If this is the case I would be eligible by 02/03/2009. Can I apply 90 days in advance? On 11/05/2009. ?
I had 3 contradicting answers to these questions as I have stated on the top.
_______________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010
2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.
3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
_______________________________________________________________________________________________________________________
\* I had never failed to file my taxes in America after becoming a Permanent Resident (My father had included me under his taxes till the year 2006, as I had no Income)
\*I had not enlisted in selective services (I didn’t not know about it and I was in my native country at most of the time). Will that in anyway cause any issues in my naturalization. I am born in 1980, like I mentioned above I became a Permanent Resident when I was 23 years old, and was out of the country for other than brief amounts of time till my 26th birthday.
If I am to apply on 11/05/2009 for N400 (Naturalization) Will my case be denied or will it be rejected. Will I lose the $675.00 that I pay as the fee? Or will they ask me to wait for more time?
I am having trouble assessing my eligibility as of when I could apply (Applying at the earliest is what I intend to do if I qualify). My case is not a very typical one so I am finding it hard to get insight on the issue.
_______________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010
2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.
3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
_______________________________________________________________________________________________________________________
My Case:
I had been granted a PR on 02/20/2003. After that I had made several trips (as I was still doing my bachelor's degree in my native country).
The following are the details of my trips
02/20/2003 Became a permanent Resident (arrived in America).
05/24/2004 Left for native country (to continue with college).
02/27/2004 Arrived In America.
05/20/2004 Secured a Re-Entry Permit and Returned back to my native country to continue with my college.
02/02/2006 Arrived in America.
05/19/2007 Left America to native country.
11/08/2007 Returned to America
07/29/2008 Left to Native Country (got married to a citizen of my native country).
10/16/2008 Returned back to America.
03/03/2009 Left to Native Country.
05/13/2009 Returned to America
I had stayed outside the country
279 days on my first trip.
623 days on my second trip.
173 days on my third trip.
79 days on my fourth trip.
77 days on my 5th trip.
I do not wish to make any further trips till I am granted citizenship. I already meet the 30 months stay in America (Physical Presence) but I am confused of how my 5 years CONTINUOUS RESIDENCE works out. What I have understood reading the naturalization guide is that my condition is very similar to the example scenario on page number 23 of the naturalization guide; I quote from the guide M-476,
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
“Continuous Residence” Example
• An applicant became a Permanent Resident on January 1, 1994.
• She lived in the United States for 3 years, then returned to her native country for 1 year and 3
Months.
• She got a Re-entry Permit before leaving the United States so that she could keep her Permanent
Resident status.
• The applicant re-entered the United States with Permanent Resident status on April 1, 1998.
Question: When is the applicant eligible for naturalization?
Answer: On April 2, 2002, 4 years and 1 day after she returned to the United States. The last 364
Days the applicant was out of the United States count toward her time as a Permanent
Resident in “continuous residence,” but the 3 years in the United States before leaving do
Not.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
I can relate to this example if so, will I qualify upon completing 4 years and 1 day (5 years -364 days The last 364 days the applicant was out of the United States count toward the time as a Permanent Resident in “continuous residence,” - from the above example) after my entry to America in 02/02/2006 (after which I had no trips longer than 6 months, and I do meet the 30 months stay in America). If this is the case I would be eligible by 02/03/2009. Can I apply 90 days in advance? On 11/05/2009. ?
I had 3 contradicting answers to these questions as I have stated on the top.
_______________________________________________________________________________________________________________________
1) The USCIS local office told me that I wouldn’t qualify till FEB 2011, and as a GC holder can apply 90 days ahead of their 5th anniversary I could apply in Nov 2010
2) My Lawyer mentioned that I could apply in the November 2009, 90 days ahead of my completion of 4 years and 1 day.
3) The USCIS phone representative informed me that I will only be eligible to apply upon completion of 4 years and 1 day and cannot apply 90 days in advance, so it will be in Feb 2010.
_______________________________________________________________________________________________________________________
\* I had never failed to file my taxes in America after becoming a Permanent Resident (My father had included me under his taxes till the year 2006, as I had no Income)
\*I had not enlisted in selective services (I didn’t not know about it and I was in my native country at most of the time). Will that in anyway cause any issues in my naturalization. I am born in 1980, like I mentioned above I became a Permanent Resident when I was 23 years old, and was out of the country for other than brief amounts of time till my 26th birthday.
If I am to apply on 11/05/2009 for N400 (Naturalization) Will my case be denied or will it be rejected. Will I lose the $675.00 that I pay as the fee? Or will they ask me to wait for more time?