What is the 4 year 1 day rule for U.S. citizenship?

Asked by: Dr. Marguerite Heller Jr.  |  Last update: September 18, 2022
Score: 4.4/5 (65 votes)

The 4-year 1 day rule is simple. If you break continuous residence (travel outside the US), a new period starts to run when you return. From the day of return, you must stay in America for at least 4-years and a day before you are eligible to reapply for naturalization.

Can I apply for citizenship after 4 years and 6 months?

An applicant applying for naturalization under INA 316, which requires 5 years of continuous residence, must then wait at least 4 years and 1 day after returning to the United States (whenever 364 days or less of the absence remains within the statutory period), to have the requisite continuous residence to apply for ...

What is the 5 year rule for citizenship?

As a permanent resident, you are generally eligible for naturalization after five years. This is the most common way that people apply to become a U.S. citizen. To qualify, you must have lived in the U.S. continuously for the five years immediately preceding the date you file Form N-400, Application for Naturalization.

How many days can you be outside the US for citizenship?

An absence from the United States for a continuous period of one year or more (365 days or more) during the period for which continuous residence is required will break the continuity of residence. This applies whether the absence takes place prior to or after filing the naturalization application.

How is U.S. citizenship day calculated?

Filing Early

(Boundless has a detailed guide on naturalization eligibility requirements.) To determine your early-filing date, you must find the date on your green card (officially called a “Permanent Resident Card”); add three or five years, whichever is applicable; then subtract 90 days.

The 4 years and 1 day Rule for Naturalization

37 related questions found

How long does it take to get citizenship after applying 2022?

Total time to naturalize: 18.5 months to 24 months

This is because some U.S. Citizenship and Immigration Services (USCIS) field offices handle applications much faster than others (see “Understanding USCIS Processing Times” below).

What happens if I stay more than 6 months outside US?

If you are abroad for 6 months or more per year, you risk “abandoning” your green card. This is especially true after multiple prolonged absences or after a prior warning by a CBP officer at the airport.

How long can a U.S. citizen stay out of the country 2022?

A US citizen may remain outside the USA forever if he/she so wishes and will never lose his/her US citizenship. All that citizen will need to do is walk into a US embassy every 10 years and simply apply for the renewal of his/her US passport.

How long can you live outside the US without losing citizenship?

International Travel

U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.

Can I leave the US while waiting for citizenship?

You may travel to another country, including your home country, provided no other legal impediment precludes you from doing so. However, if a trip lasts longer than 180 days, USCIS may determine that you have not continuously resided in the United States and therefore are ineligible for naturalization.

What disqualifies you from becoming a U.S. citizen?

USCIS's definition of aggravated felony includes many crimes that you would expect; such as rape, sexual abuse of a minor, drug trafficking, firearm trafficking, racketeering, running a prostitution business, child pornography, and fraud of $10,000 or more.

Can a green card holder stay outside the US for 8 months?

How Long Can a Green Card Holder Stay Outside the United States? You can stay outside of the U.S. for as long as you want. What you need to avoid, however, is being regarded as having abandoned your lawful permanent resident status.

What is the fastest way to get U.S. citizenship?

Expedited Naturalization by Marriage

Hold a green card for three years; Be married to and living with your US citizen spouse for three years; Live within the state that you're applying in for three months; and. Meet all other requirements for US citizenship.

When can I return to the US after 6 months stay?

Maximum Period of Authorized Stay

Therefore, a person who stays for six months and, instead of applying to extend their visit inside the U.S. if they are a visa holder or a Canadian, departs and attempts to return to the U.S. in less than six months from the departure date, will be barred from re-entry for six months.

How much does it cost to apply for citizenship in 2022?

$1,170. You may pay the fee with a money order, personal check, or cashier's check. When filing at a USCIS Lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.

What are three ways you can lose your citizenship?

Renounce or Lose Your U.S. Citizenship
  • Run for public office in a foreign country (under certain conditions)
  • Enter military service in a foreign country (under certain conditions)
  • Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship.

Does the US allow dual citizenship?

Does the United States allow dual citizenship? Yes, practically speaking. The U.S. government does not require naturalized U.S. citizens to relinquish citizenship in their country of origin.

Can I stay on green card forever?

Although some Permanent Resident Cards, commonly known as Green Cards, contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. It is important to keep your card up-to-date.

Will I lose my U.S. citizenship if I apply for dual citizenship?

A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so.

Can U.S. born citizenship be revoked?

Under normal circumstances, U.S. citizenship cannot be stripped away once it was given – and if it does happen, it does so in limited exceptions. A person can give up their status voluntarily, he/she has wrongfully gained his/her citizenship or was denaturalized forcefully.

Can you lose U.S. citizenship naturalized?

Naturalized citizens who acquired their citizenship illegally (were not really eligible for naturalization) or by deliberate deceit (lied or hid important information about themselves) can have their naturalization revoked. (See 8 U.S.C. § 1451(e).)

Can I keep my green card after naturalization?

Return your Permanent Resident Card

You will no longer need your Permanent Resident Card because you will receive your Certificate of Naturalization after you take the Oath of Allegiance.

How do I maintain US residency while living abroad?

8 Steps to Maintaining Permanent U.S. Residence While Residing Abroad
  1. Maintain and use U.S. savings and checking bank accounts. ...
  2. Maintain a U.S. address. ...
  3. Obtain a U.S. driver's license. ...
  4. Obtain a credit card from a U.S. institution. ...
  5. File U.S. income tax returns.

Can a green card holder apply for citizenship after 3 years?

All green card holders, as long as they meet key conditions, can apply for U.S. citizenship after five years (known as the “five-year rule”) — but those with a U.S. spouse and a green card through marriage can apply after only three years (known as the “three-year rule”).