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does my n-400 case have a shot???

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  • does my n-400 case have a shot???

    Hello, My case is a bit complicated. Been a resident since the early 90’s.
    5 years ago I took a trip over seas of 10 and a half months, with no re entry permit.
    My trips are as follows:

    06/19/2009 to 07/28/2009 38 days
    12/24/2007 to 01/06/2008 13 d
    02/13/2007 to 03/22/2007 35 d
    06/06/2005 to 10/30/2005 146 d
    07/25/2004 to 06/02/2005 310 d * five year period starts here.
    05/11/2004 to 07/20/2004 68 d

    Now that trip of 310 days interrupts my continuous status.
    My application was filed on Aug. 3rd 2009, thanks to some bogus advice from a supposed professional., who proceeded to submit my application and not include the trip of 310 days on it. (I found out this information after the fact). I was skeptical but he assured me I was eligible.
    I will be attending my interview on Nov. 10th and will be providing officer with all my trips.

    My question is:
    Since I broke my continuous resident status, and returned to US on 6/2/05 am I able to use the 4 plus 1 rule as of that date???

    Or is it 4 years plus 1 day after 10-30-05 which is the date I “really” moved back to USA???

    Or does the 4 + 1 rule not apply to me since I was never way for more than one year?

    Remember my interview is on Nov. 10th.
    Do I have a good case? Or a bad case???
    Thanks

  • #2
    Originally posted by jwalters View Post
    Hello, My case is a bit complicated. Been a resident since the early 90’s.
    5 years ago I took a trip over seas of 10 and a half months, with no re entry permit.
    My trips are as follows:

    06/19/2009 to 07/28/2009 38 days
    12/24/2007 to 01/06/2008 13 d
    02/13/2007 to 03/22/2007 35 d
    06/06/2005 to 10/30/2005 146 d
    07/25/2004 to 06/02/2005 310 d * five year period starts here.
    05/11/2004 to 07/20/2004 68 d

    Now that trip of 310 days interrupts my continuous status.
    My application was filed on Aug. 3rd 2009, thanks to some bogus advice from a supposed professional., who proceeded to submit my application and not include the trip of 310 days on it. (I found out this information after the fact). I was skeptical but he assured me I was eligible.
    I will be attending my interview on Nov. 10th and will be providing officer with all my trips.

    My question is:
    Since I broke my continuous resident status, and returned to US on 6/2/05 am I able to use the 4 plus 1 rule as of that date???

    Or is it 4 years plus 1 day after 10-30-05 which is the date I “really” moved back to USA???

    Or does the 4 + 1 rule not apply to me since I was never way for more than one year?

    Remember my interview is on Nov. 10th.
    Do I have a good case? Or a bad case???
    Thanks
    if you have a complicated case, sometimes it makes sence to hire a lawyer to help you.

    Good luck at your interview!
    Disclaimer:Not legal advise! Use at your own risk.
    ..............................................
    N-400 Timeline San Antonio Office
    06/07/2009 - Sent Application
    06/10/2009 - Delivered.
    06/12/2009 - Check Cashed
    06/19/2009 - Rec NOA
    06/22/2009 - Rec Biometrics Appt Letter
    07/02/2009 - Biometrics Appt
    07/13/2009 - Rec Interview Letter Appt
    08/24/2009 - Interview Date
    10/13/2009 - Rec Oath Appt Letter
    10/22/2009 - Oath Ceremony
    10/26/2009- Passport App
    11/06/2009- Passport Received

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