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4 year and 1 day rule... Please help.

Discussion in 'US citizenship' started by shanijav, May 16, 2011.

  1. shanijav

    shanijav Junior Member

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    Hi.
    I have been following this forum for quite sometime and I really appreciate your efforts in helping out the community.
    I have one question,
    Here is my case,

    I have been a green card holder since 07/2003
    came to US in 08/2003
    Left US in 09/2003
    Came back again in 07/2004
    Left in 08/2004
    Applied for Re-entry permit for 2 years.
    Came back in 06/2006
    Left US in 08/2006
    Applied for Re-entry permit again as i was still studying in medical school in Pakistan.
    Came back in 06/2008
    Left in 08/2008 ( after 2 months)
    came back in 02/2009- I am here from 02/2009 onwards.

    My question is will I be eligible to apply for Citizenship under 4 year and 1 day rule. ??

    If yes will I be able to apply for citizenship on 06/2012 ( 4 years and 1 day from my return of the long visit i.e: 06/2008, as I left only for couple of months after that and did not have any long trip since then )

    Please help me out. Thank you
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: 4 year and 1 day rule... Please help.

    If you haven't abandoned your LPR status (a separate inquiry) and you have been physically present in the U.S. for at least 50% of the last four years, then you may apply for naturalization four years and one day after your last entry from an absence of more than 365 days.
     
  3. shanijav

    shanijav Junior Member

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    Re: 4 year and 1 day rule... Please help.

    My green card is valid till 2013.
    I will be here for at least more than 50% of the time from 2012 backwards. ( as i already have been living here continuously for 2.5 years now). So i will be able to apply for Citizenship in 06/2012 right?

    Thank yo so much for your time.
     
  4. shanijav

    shanijav Junior Member

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    Re: 4 year and 1 day rule... Please help.

    I did not abandon my LPR status. My uncle lives here and he filled the taxes for me so I have all the tax returns since 2004. I did not gain any employment abroad. Does this satisfy the requirements for not abandoning the LPR status as I went to Pakistan only to complete my medical study.?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: 4 year and 1 day rule... Please help.

    When you meet all of the naturalization requirements other than the five years of continuous residence, you may file for naturalization at the four year, one day mark.
     
  6. Chachieparam

    Chachieparam Junior Member

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    Re: 4 year and 1 day rule... Please help.

    Shanijav. Did you got naturalized under 4 year and 1 day rule? I have the same situation as yours. Did you pass the citizenship? Thank you appreciate it
     
  7. Syed12345

    Syed12345 New Member

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    Shanijav, did you get it? If yes, I'd love to discuss more as even I have a similar situation
     
  8. Syed12345

    Syed12345 New Member

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    I'll add my situation and if someone can help me provide more clarity, please do:

    I have been an LPR(permanent resident) since 05
    I kept visiting every two years. I'll begin from the last 5 years.

    I visited for about 10 days and left on June 18th 2012
    Then I returned on May 30th 2013 and left on June 23rd 2013
    I returned finally to live on Dec 17th 2013 and have been in the USA continuously since then.

    I want to find out if I am eligible for naturalization now given the 4 years 1 day rule as I am including my trip of June 2013 since I returned on December 17 2013(about 5 days before the 6 month period ended).

    I'd appreciate if someone could help with understand this.

    Thanks,
    Syed
     

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