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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109597
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Confused about the eligibility for US citizenship, I entered

Customer Question

Confused about the eligibility for US citizenship, I entered the US first time in August 2012 and stayed here for a month, had applied for a reentry permit and left US for education break for 2 years and then re-entered the US in August 2014. Basically took a break for 2 years..I have been staying continuously since then i.e. for 37 months and will complete my 5 years in August 2017 (since July 2012) . So Am I eligible to apply for the US citizenship now? Or Do I need to wait to complete 4 years and 1 day since the reentry date of August 2014?
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

The Re-Entry Permit only prevents you from abandonment of Residency. A short trip back to the U.S. every 6 months is what preserves continuity of Residency for Naturalization purposes. So technically, you are supposed to wait 4 years and 1 day after your return from the trip that lasted more than 6 months unless you can prove that you did not interrupt continuity of Residency. Here is an official link to that:

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

To have the best chance of not losing your money, it is better to wait the 4 years and one day before applying.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 2 months ago.
I had called the USCIS and one support person told me that I can apply and the other said I need to wait. Anyways, Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Which is why you did correctly to come and speak to a licensed immigration attorney. I also provided you with a link to the regulation that you can read yourself. Anyway, you are very welcome, but PLEASE do not forget to rate me positively so that I can get credit for my assistance to you. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You may have to scroll up to the top of the page to see the stars/smiley faces. If you don't see them because perhaps you are using the mobile app, then try clicking on my name and they should come out. Since I am NOT given a salary, it is the only way the website will compensate me. You are NOT charged again and we can continue to communicate without additional charge if you have a few follow-up questions. Thank you!