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Bill Attorney
Bill Attorney, Lawyer
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Experience:  Attorney
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I was directed here from another site and have some

Customer Question

Hello there, I was directed here from another site and have some questions in regards ***** ***** continuous staying
JA: What state are you in? It matters because laws vary by location.
Customer: CA
JA: Has anything been filed or reported?
Customer: not yet I am planning on but not sure if I am qualified
JA: Anything else you want the lawyer to know before I connect you?
Customer: nope
Submitted: 2 months ago.
Category: Legal
Expert:  Bill Attorney replied 2 months ago.

Dear Customer ,

Thank You for posting your legal question today. This is attorney Bill offering assistance.

What is your specific question and your concerns in relation to that legal issue ?

Looking forward to assisting you.

Attorney Bill

Customer: replied 2 months ago.
Hello, are you online?
Expert:  Bill Attorney replied 2 months ago.

Yes, what is your legal question ?

Customer: replied 2 months ago.
I have been a U.S. Permanent Resident and I am applying for citizenship. I was in the States between 2012-2015, and worked in Hong Kong 2015-2017. I have been in the States for at least 30 months, but my continuous staying was disrupted when I took on a job oversea. Under the “four years and one day” rule, will I be eligible again after retuning to the States for 2 more years?
Expert:  Bill Attorney replied 2 months ago.

What is your current application status , is your green card still active and have you filed a n-400 petition ?

Was your work for a US government body in Hong Kong or for an American firm engaged in foreign trade and investment ?

Attorney Bill

Customer: replied 2 months ago.
I have just renewed my green card recently. I was working for a Chinese firm. Have not filed the n400 yet as it seems like I am not eligible
Expert:  Bill Attorney replied 2 months ago.

Under US immigration law you are required to have 5 years continuous residence.

Absences for more than 1 year break the period of residence.

There are exceptions where your employment is for a US government body or corporation.

Here is the regulation:

INA act 316

Unless the exemption applies you must wait for five years of residence.

"

Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence except that in the case of a person who has been physically present and residing in the United States after being lawfully admitted for permanent residence for an uninterrupted period of at least one year and who thereafter, is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence, no period of absence from the United States shall break the continuity of residence if-

(1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the dev elopment of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries of such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and

(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.

The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person. "

Please follow up with me when you need more information.

We are here to help.

Remember to rate my response based upon the law.

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You do this by rating 5*****, 4****, or better.

SO I hope you Rate FIVE STARS before exiting

Thanks

Attorney Bill

Customer: replied 2 months ago.
Can you give a more specific and personalised answer? I can find those information online too
Customer: replied 2 months ago.
Four Years and One Day Rule, "If you have a break in your continuity of residence, it’s not necessary to accrue another five years of continuous residence before applying for naturalization." if I return to the States for 2 years , with the previous 3 years, the clock starts again correct?
Expert:  Bill Attorney replied 2 months ago.

Because you were two years outside the US working for a Chinese company this period breaks your continuous residence.

So your residence will start again once you are back in the US. You can apply for naturalization after 4 years and 1 day rather than five years next time.

Remember to rate my response based upon the law.

This gives me a credit for my time and assistance.

You do this by rating 5*****, 4****, or better.

SO I hope you Rate FIVE STARS before exiting

Thanks

Attorney Bill

Customer: replied 2 months ago.
I was in the States for 3 years prior to the 2 years disruption. So if I return to the States now, I will be qualified in 2019 right?
Customer: replied 2 months ago.
34;Jan 1, 2000 – Edward becomes a permanent resident through employment.
Jan 1, 2001 to Jan 2, 2002 – Edward took a 1-year vacation to the Philippines and came back with a reentry permit. He took no other trips abroad.
Jan 1, 2005 – Though it’s been 5 years since Edward became a green card holder, his vacation from Jan 1, 2001 to Jan 2, 2002 disrupted the continuous residence requirement because the trip was over a year. Thus, the clock started again on Jan 3, 2002.
Jan 3, 2006 – Edward is eligible to apply for naturalization under the “four years and one day” rule. He can file Form N-400 four years and one day after returning to the U.S."
Expert:  Bill Attorney replied 2 months ago.

The law is is in INA 316 a

A requirement of 5 years residence that is broken by an impermissible absence of greater than 1 year means you need 4 years and 1 day from reentry date so it seems from 2017.

"An applicant who is required to establish continuous residence for at least five 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"

From the information you have given you will be eligible in 2021.

If you are applying for naturalization by marriage to a US citizen it is 2 years.

Remember to rate my response based upon the law.

This gives me a credit for my time and assistance.

You do this by rating 5*****, 4****, or better.

SO I hope you Rate FIVE STARS before exiting

Thanks

Attorney Bill

Customer: replied 2 months ago.
Are there other methods? My biological mother is an U.S. Citizen
Customer: replied 2 months ago.
My mom became a citizen before my 18th birthday
Expert:  Bill Attorney replied 2 months ago.

This is a different question to your first question.

I see you still have rated positively the first question.

I will be happy to assist you in this area when you post a new question, just put it for attorney Bill and I will pick it up.

Looking forward to being of assistance with your new question.

In relation to the last.

The law is is in INA 316 aA requirement of 5 years residence that is broken by an impermissible absence of greater than 1 year means you need 4 years and 1 day from reentry date so it seems from 2017."An applicant who is required to establish continuous residence for at least five 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"From the information you have given you will be eligible in 2021.If you are applying for naturalization by marriage to a US citizen it is 2 years.Remember to rate my response based upon the law.This gives me a credit for my time and assistance.You do this by rating 5*****, 4****, or better.SO I hope you Rate FIVE STARS before exitingThanksAttorney Bill
Customer: replied 2 months ago.
As for my first question, I have been a resident since 2006. I was in the States from 2006-2011. Can I apply for citizenship using the previous records?
Expert:  Bill Attorney replied 2 months ago.

Filing a n-400 requires 5 years of continuous residence or 3 years when based upon marriage.

When interrupted without legal excuse under statute you need 4 years and 1 day or 2 years accordingly.

You will need 4 years and 1 day from the time you re-entered the US after the the lapse of 2 years as you put it.

I will be happy to answer your new question as you may be entitled to citizenship based upon your parent or parents.

Just post the question for attorney Bill and I will pick it up.

Remember to rate my last answer firstly.

This gives me a credit for my time and assistance.

You do this by rating 5*****, 4****, or better.

SO I hope you Rate FIVE STARS before exiting

Thanks

Attorney Bill