Days present in the US before the re-entry permit and in progress to apply for citizenship

Asked over 1 year ago - 20852

Wife got her GC on August 2010. Lived in the US till the end of Jan 2011. Due to a job opportunity moved to overseas and got her re-entry permit for 1 year. My question is when the time comes for citizenship application can we count that 4 months towards the 18 months physical presence in the US before to mail our application ? Or 4 months will be lost since she got the travel book ?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . How long did she spend outside the US? Did she file an N-470?

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Parva Fattahi

    Contributor Level 9

    Answered . If she stayed outside U.S. for more than one year, then anything before that one year is lost. Re-entry permit preserves her LPR status, but the chain of residency for naturalization purposes is broken, if she stays outside U.S. more than a year.

  3. Tripti Sharad Sharma


    Contributor Level 20


    Lawyer agrees

    Answered . What is the longest gap she has, being away from U.S.? Did she seek to preserve her residency for naturalization? If yes, was it granted?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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