Break in residency
Sep 7th 2014, 7:30 pm
#1
Just Joined
Thread Starter
Joined: Apr 2005
Posts: 5
Break in residency
Naturalization question :
I have had a greencard since 2009. I was out of the country for two years and two months a few years back, but was allowed back as it was deemed I had not abandoned my status. I was not working for a US entity, but the absence was beyond my control.
So question now is
1. Am I allowed to apply for citizenship four years and one day after my return ( rather than having to wait the full five years) ?
2. Can I also apply the 90 day early filing date to this 4 years and one day rule ?
I have had a greencard since 2009. I was out of the country for two years and two months a few years back, but was allowed back as it was deemed I had not abandoned my status. I was not working for a US entity, but the absence was beyond my control.
So question now is
1. Am I allowed to apply for citizenship four years and one day after my return ( rather than having to wait the full five years) ?
2. Can I also apply the 90 day early filing date to this 4 years and one day rule ?
Sep 7th 2014, 10:26 pm
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Break in residency
Sep 8th 2014, 12:48 pm
#4
Just Joined
Thread Starter
Joined: Apr 2005
Posts: 5
Re: Break in residency
Thanks Gents.
Sep 8th 2014, 2:09 pm
#5
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Break in residency
In the FWIW department, when I was in practice, I had a case where we applied the four year plus one day rule and filed "early."
MY interpretation is that this is just fine. However, the minions of the Dark Forces disagreed and on the availability of the 90 day rule stating that their interpretation was that the rule for early filing was not applicable once there was a break in continuity of residence.
I believe they were wrong, but it was easier, quicker and cheaper simply to start over again.
MY interpretation is that this is just fine. However, the minions of the Dark Forces disagreed and on the availability of the 90 day rule stating that their interpretation was that the rule for early filing was not applicable once there was a break in continuity of residence.
I believe they were wrong, but it was easier, quicker and cheaper simply to start over again.
