Re-established in the US after leaving for 2 years & 2 months, when can I file N400?

[aliaune]

Hello, when is my new filing date for N400 if I became an LPR on Feb 2013, left the US with re-entry permit on April 05, 2013-June 18, 2015 and re-established myself here in the US since then?

I've posted before and a comment said I can use the 4 years + 1 day rule so I can apply June 19, 2019.

I'm really conflicted since the naturalization guidebook said if I can use it if I returned within 2 years which I didn't because I returned 2 years and 2 months later but the USCIS policy (8 C.F.R. ? 316.5(c)(1)(ii)) didn't mention anything other than trips for one year or more so I'm thinking to just go for the 5 years like the usual. Would that then be June 18, 2020? Can I then take advantage of the 90 days early filing so I can apply March 20, 2020?

Thanks in advance.

[abumiqdad]

can you share what link did you refer to?

Here is what i found:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

3. Eligibility after Break in Residence
An applicant who is required to establish continuous residence for at least 5 years [15] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement [16] may apply two years and one day after returning to the United States to resume permanent residence. [17]

So you can apply 4 years 1 day after your last entry into the US resuming your permanent residency (with no break in residency after that entry)

[aliaune]

can you share what link did you refer to?

Here is what i found:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

3. Eligibility after Break in Residence
An applicant who is required to establish continuous residence for at least 5 years [15] and whose application for naturalization is denied for an absence of one year or longer, may apply for naturalization four years and one day after returning to the United States to resume permanent residence. An applicant who is subject to the three-year continuous residence requirement [16] may apply two years and one day after returning to the United States to resume permanent residence. [17]

So you can apply 4 years 1 day after your last entry into the US resuming your permanent residency (with no break in residency after that entry)

Hello, here's the link. It is from the Naturalization Guide from USCIS website: https://www.uscis.gov/sites/default/...e/chapter4.pdf

I've also attached the image.

From the Naturalization Guide, it said within 2 years, but there was nothing like that in the Policy Manual. It only says 'absence of one year or longer', that's why I'm conflicted.

[abumiqdad]

Hello, here's the link. It is from the Naturalization Guide from USCIS website: https://www.uscis.gov/sites/default/...e/chapter4.pdf

I've also attached the image.

From the Naturalization Guide, it said within 2 years, but there was nothing like that in the Policy Manual. It only says 'absence of one year or longer', that's why I'm conflicted.

maybe @newacct or @inadmissible can comment. i am not sure about this. i thought that regardless, if your card shows that you have been a permanent resident since say, 1 Jan 2015, and you were you of the country for 2 years plus, and then you were back in 1 July 2017, you can count 4 years 1 day from 1 July 2017. I am not sure if you now have to use 5 years minus 3 months.

- - - Updated - - -

maybe @newacct or @inadmissible can comment. i am not sure about this. i thought that regardless, if your card shows that you have been a permanent resident since say, 1 Jan 2015, and you were you of the country for 2 years plus, and then you were back in 1 July 2017, you can count 4 years 1 day from 1 July 2017. I am not sure if you now have to use 5 years minus 3 months.

but you meant you were out for 2 years 2 months without entering the USA at all? (Re-entry permit usually have 2 years max validity - so often one must enter the USA again within 2 years).

I am not sure what 2 years refers to in that context

[aliaune]

but you meant you were out for 2 years 2 months without entering the USA at all? (Re-entry permit usually have 2 years max validity - so often one must enter the USA again within 2 years).

What happened to me was on April 2013, I left the US immediately after the biometrics when I applied for the re-entry permit and just opted to send it to the embassy of my choice. When I received the re-entry permit, the expiration was June 2015 and not April 2015 so I had 2 extra months.