On GC; being transferred to India for 18 months

[aargee]

To All:

I and my wife have GCs from the past 7 months, my current employer wants me to goto India for a 18 to 24 month assignment. This is a good opportunity and I want to go but I want to understand:

• The risks I am taking (if any).
• What all paper work needs to be done for re-entry?
• If the five year clock to get the US citizenship will be restarted once I leave and start upon my return to US? Is there any way to avoid this?

As always your responses are appreciated. Thanks.

aargee

[robwoj]

**** -

Can this person do the following:

1) Apply for reentry permit, keep accounts, belongings in the US, pay taxes etc.
2) Accept the 18 mths assignment
3) Come back to the US every 6 months for 1-2 weeks
4) After coming back from India - the person remains physically in the US

This way citizenship clock did not restart, the guy will accummulate more than 2.5 years worth of physical presence and could be eligible for citizenship?

[sg_orl]

Take a re-entry permit. If you stay outside for > 1 yr, but < 2 yrs, then you can file for citizenship, 4 yrs + 1 day after your return.

[pralay]

Originally Posted by robwoj

3) Come back to the US every 6 months for 1-2 weeks

"Visiting" USA in every 6 month is not a reliable way to keep continuous residency. In general if someone is absent in USA for more than 6 months but less than 1 year, still can claim that he did not break continuous residency, provided he can prove it - filing taxes, having home and family-members (wife, children) in USA. If someone visits USA in every 6 months for only 1-2 weeks without any proper tie in USA, still can face problem (in other words, he may need to prove that he did not break continuous residency).

For example, a person went to India for an assignment for 11 months. He has his home in USA and wife, children are living in USA. He came back to USA after 11 months and started living in USA. In this case, he still can claim that he did not break continuous residency.

On the other hand, someone in India for 18 months assignment. He does not have residence (even if he owns home, probably he rented out) in USA and family members are not living in USA (but went to India with him). He still can have problem in continuous residency issue - even if he visits every 6 months for 1-2 weeks.

[aargee]

Thanks for your responses.

Just to confirm if I am gettting this right.

1) There is no problem in returning after 18 months with my GC, provided I have a re-entry permit.
2) The citizen clock will start once I come back.

A litte more background on my situation...I am working for US multinational and will remain on their payroll even when I am in India. Hence, I will be paying US taxes. My entire family (wife + kids) will be moving to India, hence, I will no US residence for 18 months.

I hope this helps.

[robwoj]

Aargee -

Why would you restart your citizenship clock though if you can come to the US every 6 months for 1-2 weeks?

Those are extra 2 trips in the 18 month assignment. They probably would cost you 8K or so but it should be worth it to pay 8K and maybe have a bit of jet lag to make sure you make progress towards citizenship?

[TheEnquirer]

usually companies give home trips to cover this. ask for it.