Re-entry permit and Eligibility for naturalization

[Fremont Desi]

I am a retired person. I got my Green Card in 2006 and never stayed for more than six months outside the U.S. till 2012. I went to India on a re-entry permit and came back to the U.S. last week. I know that my stay outside the U.S. from 2012 to 2014 will not count for physical presence toward naturalization and it will also disrupt the continuity of residency. But based on my residency of more than six years (before my leaving on re-entry permit) and total physical presence as a permanent resident here, can I apply for naturalization after staying for the mandatory three-month stay here? I have not abandoned my residence here and did not work outside the U.S. during my stay in India.

[Attorney_22]

19 hours ago, Fremont Desi said:

I am a retired person. I got my Green Card in 2006 and never stayed for more than six months outside the U.S. till 2012. I went to India on a re-entry permit and came back to the U.S. last week. I know that my stay outside the U.S. from 2012 to 2014 will not count for physical presence toward naturalization and it will also disrupt the continuity of residency. But based on my residency of more than six years (before my leaving on re-entry permit) and total physical presence as a permanent resident here, can I apply for naturalization after staying for the mandatory three-month stay here? I have not abandoned my residence here and did not work outside the U.S. during my stay in India.

When determining eligibility requirements for naturalization, you will be looking back in time from when you plan to file the Naturalization application. For instance, if filing now, look back from February 21, 2024, for residence, and half that time for physical presence. Based on the facts you presented above, you typically would only need to wait four years and one day from when you returned to the U.S. in 2014.    

[newacct]

On 2/20/2024 at 9:43 AM, Fremont Desi said:

I am a retired person. I got my Green Card in 2006 and never stayed for more than six months outside the U.S. till 2012. I went to India on a re-entry permit and came back to the U.S. last week. I know that my stay outside the U.S. from 2012 to 2014 will not count for physical presence toward naturalization and it will also disrupt the continuity of residency. But based on my residency of more than six years (before my leaving on re-entry permit) and total physical presence as a permanent resident here, can I apply for naturalization after staying for the mandatory three-month stay here? I have not abandoned my residence here and did not work outside the U.S. during my stay in India.

Whether you had a Re-entry Permit is irrelevant. What matters is whether your stay interrupted continuous residence. You did not say how long your recent absence was.

• If your absence was less than 6 months, then it would not have interrupted continuous residence, and having a Re-entry Permit would not change that.
• If your absence was between 6 months and 1 year, then it is presumed to have interrupted continuous residence, but this can be overcome with certain strong evidence. If you are unable to overcome the presumption, you have to wait until 4 years and 6 months after your return before you can apply for naturalization (if you are applying under the 5-year rule). Having a Re-entry Permit does not change this.
• If your absence was more than 1 year, then it definitely interrupted continuous residence (except people who worked for certain US or international organizations abroad, who filed N-470; I'll assume that that is not the case here). Depending on whether you are able to overcome the presumption during the last year of your absence, you have to wait until either 4 years and 1 day, or 4 years and 6 months, after your return, before you can apply for naturalization (if you are applying under the 5-year rule). Having a Re-entry Permit does not change this.