# when can apply for us citizenship



## kirtikar (Mar 31, 2011)

hi, 

I got green card on august 2001

left usa on jan-2005

came back on april 2007 ( granted re-entry permit on april 2005)

then went back on sep 2007- april 2008( almost 7 months), after that continously stayed in usa from april 2008 to till date

My question is that 4 years and 1 day rule apply to my case...........

can i apply for citizenship after april 2011.

please advice.
thanks in advance.


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## Davis1 (Feb 20, 2009)

kirtikar said:


> hi,
> 
> I got green card on august 2001
> 
> ...


yor work it out 

http://www.uscis.gov/files/article/M-476.pdf


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## Bsingh (Mar 30, 2011)

While I am not an expert in citizenship issues, I can only provide my interpretation.

In my opinion, you first need to substantiate that the 7 months you spent out of the country from sept 07 to apr 08 did not disrupt the 'continuous residence' requirement. Usually, any trip for more than 6 months restarts the clock, unless you can prove otherwise ( burden of proof is on you). 

Assuming that the sept 07 to apr 08 period gets counted, you still become eligible only in apr 2012 ( 5 yrs after apr 07) because prior to apr 07, you violated the 2 Year rule ( you returned after 2 yrs). 

Hope this helps.


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