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When is the Right Time for Me to Apply for U.S. Citizenship

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  • 05-20-2011, 09:34 PM
    crisjing
    When is the Right Time for Me to Apply for U.S. Citizenship
    Backgrounder:
    I'm a permanent resident in US, migrated in April 18, 2007 through F2B petition (unmarried sons/daughter over 21y/o of Permanent Resident).

    From April 18, 2007 till present May 2011 I went out of the country three times, duration are as follows 5 mos, 5 mos and 2 mos a total of 12 mos all in all.

    If I count my actual stay in US its only 3 yrs and 1 mo. ( I subtracted the days I went out of the country=12 mos), but if I count the very first day I entered US without subtracting the days I went out of US I have a total of almost 4yrs and 1 mo.

    Questions:
    1. A friend of mine told me that I could already apply for naturalization if Im a permanent resident for almost 4 yrs and one day. Does this mean that I could already apply for naturalization anytime?

    2. If not then when is the right time for me to apply for naturalization?

    3. What will happen if I submit my paper for naturalization and paid the appropriate fees, after evaluation of the papers NVC finds that I have not yet fulfilled the number of days for residency. Will NVC return or refund the fees I paid? Im just concern on this and might not be able to get back my money because I did not qualify for the number of days for residency.

    4.Once I become a US Citizen, do I need to file a new petition for my husband or can I just make an adjustment to my pending F2A petition priority date- Nov 16,2010.
    Would appreciate if you could give me an idea on how would I go about this adjustment.


    Your input on this is much appreciated.
    crisjing
  • 05-22-2011, 09:09 PM
    Mr. Knowitall
    Re: When is the Right Time for Me to Apply for U.S. Citizenship
    Have you read this guide? You appear to be a run-of-the-mill "5 years as a Permanent Resident without leaving the United States for trips of 6 months or longer" case.

    You weren't absent for a period of a year or more, so I'm not seeing how the "four years plus one day" rule would have any relevance to your situation.

    If your application for naturalization is rejected, no, you should not expect a refund.

    If a lawful permanent resident files an F2A petition for her spouse and then later becomes a U.S. citizen, the F2A approval should be automatically converted into an immediate relative petition.
  • 05-23-2011, 01:58 AM
    crisjing
    Re: When is the Right Time for Me to Apply for U.S. Citizenship
    Thank you Mr Knowitall,
    May I know which situation applies for the " 4 yrs plus one day " rule?
    Appreciate your reply on this.
  • 05-23-2011, 04:38 AM
    flyingron
    Re: When is the Right Time for Me to Apply for U.S. Citizenship
    There's only three classes of residence requirement: those who have no requirement (applies mostly to certain military), those with three years (primarily those who are applying on basis of family), and five years. You can start your paperwork 90 days earily (four years, 9 months) but the naturalization can't happen before five years if you're in the general category.

    The four years and a day only supplementally applies. Lets say you got a green card in 2000. Normally you would have been eligible in 2005, but lets say in 2004 you left the country for more than a year. The (if you play your cards right otherwise), when you came back in 2006 could apply the four years and a day from then to give you your residence time credit. (By the way if you're in the three year residence class, it's two years and a day). Without this aspect of the law, you'd have to start over in 2006 and wait out five years. You only get to have one long absence treated this way.
  • 05-24-2011, 07:26 PM
    crisjing
    Re: When is the Right Time for Me to Apply for U.S. Citizenship
    thnx for the reply appreciate it
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