"absences from the United States for a continuous period of one (1) year or more during the period for which continuous residence is required under § 316.2 (a)(3) and (a)(5) shall disrupt the continuity of the applicant's residence. An applicant described in this paragraph who must satisfy a five-year statutory residence period may file an application for naturalization four years and one day following the date of the applicant's return to the United States to resume permanent residence." 8 CFR § 316.5(c)(1)(ii).
My permanent residence started on 03/2008 I left the US on 10/2009 and returned on 07/2010 then left again on 08/2010 and returned on 12/2010.
I was absent for 9 months.
The statute says if you're absent for more than a year you have to wait only 4 years and one day after you returned to be eligible for naturalization.
Since I returned on 07/2010 and my subsequent absence was for only 4 months, I presumably can start counting from 07/2010.
If the "4 year and one day" rule applies, I can apply for naturalization as of today.
I've asked a lawyer and he said, yes it applies.
But the statute isn't specific about 6+ months. It only mentions absences of more than a year and less than two years.
Does the "four years one day" rule apply for absences of more than six months but less than a year?
Please only tell me if you're 100% certain.
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