Reentry to USA

[mb_waghela]

Dear Forum,

My self and family received a GC in June 05 at LA.
we left USA in July 05 for India after obtaining Re-entry permit up to Sep 13, 2007 (for Two years(.
Now we propose to go to USA in June 06 (before one year) and come India after staying for two weeks. We will go back to USA in June 07 and stay for permanently.

I quetion: will we can apply for citigenship in June 10.?

II question Can we enter Other than LA say NY.

[ccordova624]

Dear Forum,

My self and family received a GC in June 05 at LA.
we left USA in July 05 for India after obtaining Re-entry permit up to Sep 13, 2007 (for Two years(.
Now we propose to go to USA in June 06 (before one year) and come India after staying for two weeks. We will go back to USA in June 07 and stay for permanently.

I quetion: will we can apply for citigenship in June 10.?

NO. You will be able to apply for citizenship in June 2012, 5 years after June 2007, which is when you are planning to stay "continuously" in the USA.
In order to apply for US citizenship you have to be living for 5 years in the US without breaking the residency requierements. If you leave the US for less than 6months, your 5year citizenship clock still counting, but if you leave the USA for more than 6months your 5year clock for US citizenship starts all over again.

In your case, you have been living in the US a month only (june 05 to july 05), then left for India and planning to came back to stay here in 2007... so you have not even start your 5 year clock for citizenship.

BTW: Having a re-entry permit only ensure you to return to the US, AND DOES NOT HELP TO maintain your 5 year residency requirement.

II question Can we enter Other than LA say NY.

You can enter through wherever...

[a_usc]

I concur with Cordova, except for one thing - My understanding is, if you got your GC as an immidiate relative of a USC, you have to wait for only 3 years to apply for the Citizenship. In fact, you can file for citizenship after 2 yr n 9 months of receiving your GC (if it was under IR of a USC category).

[jenimmi]

I concur with Cordova, except for one thing - My understanding is, if you got your GC as an immidiate relative of a USC, you have to wait for only 3 years to apply for the Citizenship. In fact, you can file for citizenship after 2 yr n 9 months of receiving your GC (if it was under IR of a USC category).

Hi USC..
The 3 yrs rule you've mentioned only applies to Spouse who got GC thro IR category. For all others, it is the 4 yrs 9 months wait, provided they fulfilled all residency requirements. At one point some of us who are sponsoring parents were thinking aloud, why are USCIS rules so biased - spouse, but not parents?

[a_usc]

Oh ok... ! I thought it was for all IRs... thanks for correcting Jen

[ari4u]

I sometimes wonder how people interpret the meaning of Permanent Residence. Going through the stressful experience of getting a GC to gain permanent residence in the US only to stay away from the US once GC is approved will definitely put the GC in trouble. There are so many horror stories in the Life after GC forum regarding re-entry permits. Staying away from the US for long periods only proves that the there is no intention of maintaing permanent residency. In that case, having a re-entry permit does not guarantee entry into the US if you are unable to provide strong ties with the US.

[a_usc]

I sometimes wonder how people interpret the meaning of Permanent Residence. Going through the stressful experience of getting a GC to gain permanent residence in the US only to stay away from the US once GC is approved will definitely put the GC in trouble. There are so many horror stories in the Life after GC forum regarding re-entry permits. Staying away from the US for long periods only proves that the there is no intention of maintaing permanent residency. In that case, having a re-entry permit does not guarantee entry into the US if you are unable to provide strong ties with the US.

A very interesting and arguably a debatable point Ari, however, I must hasten to add that sometimes being away from US after getting your GC might be unavoidable. I wouldn't want to speak on someone else's behalf but in our case, it seems like we would have to live out of US for about 8-9 months soon after my husband gets his GC. This is due to his contractual obligation with his current employer - it requires him to work in India for at least 6 months before quitting. So our current plan is that after he gets his GC, we'd stay here for around 3 months then go to India, where we'd stay for around 8-9 months (a month's vacation, 6 months contract period, another month getting things wrapped up) and come back to US for good.

Wondering if he'd have any problem in re-entry. Also, would this mean that the clock for citizenship stop ticking while we are in India or worse yet, would it reset to the time when when we return (ie would the first 3-4 months we that we stay here after GC not counted?)? In such a scenario... would it help if he were to visit US for about a week just to make sure that his stay outside US does not exceed 6 months, because otherwise it definitely would?

TIA, USC

[baltimore2006]

what is IR category?

[a_usc]

Immediate Relative of a USC.

[amishah]

I sometimes wonder how people interpret the meaning of Permanent Residence. Going through the stressful experience of getting a GC to gain permanent residence in the US only to stay away from the US once GC is approved will definitely put the GC in trouble. There are so many horror stories in the Life after GC forum regarding re-entry permits. Staying away from the US for long periods only proves that the there is no intention of maintaing permanent residency. In that case, having a re-entry permit does not guarantee entry into the US if you are unable to provide strong ties with the US.

Sometines you don't have a choice Ari. Like in my case, I came here in F4 (my Aunt petitioned for my mom) got my GC, stayed here for 5 weeks went back for 2 years because I was in college doing my engineering. I didn't wanted to leave my study in between and start everything all over again with here's expensive tuitions.

[cherr1980]

I guess that is exactly what Ari's point is, even I have to agree that depends in each one case. But I think Ari's reference is about people that know they would not going to stay here or are not really considering to choose the US as residence (which that is the main point to have LPR) because they want to mantain two residents (living) in and outside the US or other examples that we all have been reading.

[payala]

Yeah I know a lot of people that got their GC and they would be as good off with a tourist visa. Like I know this woman that lives in front of my parents house that is a GC holder, she has been able to keep her status by flying to the US every so often, even though she lives in another country. Of course, maybe she got her GC when the process was much easier.

[ari4u]

My comments were not specific to anyone's cases though i perfectly understand that there are genuine cases where staying out of US is the only choice to get things done. Things happens at times when you least expect them and you have to do what you have to do, but staying away from the US and using GC to only use it as a fast pass to enter the US for a short vacation to keep the GC 'alive' is what i feel bad about. I had come across a lot of posts where the applicant has been here in the US for a long time and waiting patiently for the GC and once the GC has been approved, the first question posted by the applicant is "How long can i stay out of the US?". "Will staying out affect my eligibility for citizenship". "How long is the re-entry permit valid for and how many times can i use it"

No offence to anyone here, but to keep the GC, one must reside in the US. It is called Permanent Residence for a reason. For a PR, any stay abroad has to be temporary in nature. If the intention is to not stay here permanently, then why apply for GC? I am talking about those who have a pre-conceived notion of getting a GC for the sole purpose of using the US as a base to travel back and forth while living elsewhere.

Coming back to the OP's question regarding a re-entry permit. One must prove strong ties with US, like owning assets, investments, a valid residential address in the US, filing tax returns as a resident and so many other things. If one cannot prove these ties with US and uses the re-entry permit often, there will definitely be a lot of questioning at the POE and there might be a situation where the GC might be revoked as the person did not demonstrate the intent to stay in the US permanently.

My 2 cents... Feel free to pounce on me

http://www.immigrationportal.com/sho...d.php?t=199369
http://www.immigrationportal.com/sho...d.php?t=200039
http://www.imminfo.com/articles.html#lprabandonment

[ari4u]

amishah, a_usc, i understand that there are unavoidable circumstances and for such situations, the re-entry permit is provided to be used.. not mis-used I personally know people who mis-use the re-entry permit and some of them were subjected to secondary inspection and heavy questioning and were advised to maintain permanent residency or risk losing it.

a_usc, hope this answers your question. http://www.immigrationportal.com/sho...d.php?t=201706

[Bella Blues]

My comments were not specific to anyone's cases though i perfectly understand that there are genuine cases where staying out of US is the only choice to get things done. Things happens at times when you least expect them and you have to do what you have to do, but staying away from the US and using GC to only use it as a fast pass to enter the US for a short vacation to keep the GC 'alive' is what i feel bad about. I had come across a lot of posts where the applicant has been here in the US for a long time and waiting patiently for the GC and once the GC has been approved, the first question posted by the applicant is "How long can i stay out of the US?". "Will staying out affect my eligibility for citizenship". "How long is the re-entry permit valid for and how many times can i use it"

No offence to anyone here, but to keep the GC, one must reside in the US. It is called Permanent Residence for a reason. For a PR, any stay abroad has to be temporary in nature. If the intention is to not stay here permanently, then why apply for GC? I am talking about those who have a pre-conceived notion of getting a GC for the sole purpose of using the US as a base to travel back and forth while living elsewhere.

Coming back to the OP's question regarding a re-entry permit. One must prove strong ties with US, like owning assets, investments, a valid residential address in the US, filing tax returns as a resident and so many other things. If one cannot prove these ties with US and uses the re-entry permit often, there will definitely be a lot of questioning at the POE and there might be a situation where the GC might be revoked as the person did not demonstrate the intent to stay in the US permanently.

My 2 cents... Feel free to pounce on me

http://www.immigrationportal.com/sho...d.php?t=199369
http://www.immigrationportal.com/sho...d.php?t=200039
http://www.imminfo.com/articles.html#lprabandonment

I completely agree with you, Ari. I know some people really do not have a choice, but there are many who prefer to keep working in their home countries and only visit the US so that they don't lose their green cards. I don't get it. I am waiting for my green card, my mom filed a petition on my behalf. When I get my green card I will definitely live and work and go back to college here in CA, why go anywhere else? I will use my greencard to travel to Europe (if I save enough money) for a week or two, but I am determined to make the US (specifically CA) my home.

[a_usc]

................ POUNCES ON ARI ................ grabs his two cents ............. and runs away lollll

I knew you were making a valid point and it was not directed at anyone in particular... but I myself don't like the situation I am in and it makes me feel uncomfortable. I was kindda speaking out loud for the first part of my post. The second part was obviously meant for asking if there was a way to prevent from the residency clock getting reset. Thanks for that link... I now have a slightly diff question - if he visits US for about a week before his six months are over - would it help in keeping the residency clock ticking?

Thanks (you better be prepared next time when you offer people to pounce on you )

[ari4u]

................ POUNCES ON ARI ................ grabs his two cents ............. and runs away lollll

I knew you were making a valid point and it was not directed at anyone in particular... but I myself don't like the situation I am in and it makes me feel uncomfortable. I was kindda speaking out loud for the first part of my post. The second part was obviously meant for asking if there was a way to prevent from the residency clock getting reset. Thanks for that link... I now have a slightly diff question - if he visits US for about a week before his six months are over - would it help in keeping the residency clock ticking?

Thanks (you better be prepared next time when you offer people to pounce on you )

LOL.
You could do that, but it will be more of a Q&A session the next time your husband enters the US. Whatever you do, make sure your husband can show proof of having strong ties with the US and that should take care of the problem and reduce the Q&A level. There are many ways to "beat the system" (as someone calls it in the CZ forum), but i will never recommend them as it is equivalent to gambling with your GC.