Out of country with GC

[immi108]

I have got my GC 2 1/2 years back. Now I want to move back to India and in order to keep my GC status till I can apply for citizenship, I am planning to come once every 6 month for 2 or 3 weeks.

Technically, the requirement is
i. must be physically present in the U.S. for at least one half of the 5 years
ii. Applicant must not be absent from the U.S. for a continuous period of more than 6 months during the period for which continuous residence is required.

1. Does this work practically? Any real time experieces?
2. Is the period outside US included in the 5 years time period to apply for citizenship?

[TheRealCanadian]

Originally Posted by immi108

I have got my GC 2 1/2 years back. Now I want to move back to India and in order to keep my GC status till I can apply for citizenship, I am planning to come once every 6 month for 2 or 3 weeks.

When you apply for citizenship, you'll need to truthfully declare these absences and short visits, and I'm pretty confident that the examiner will claim that you have abandoned your residence. Your other option is to commit perjury and engage in naturalization fraud.

What do you want to do?

[byegeorge]

The statutory residence requirement for naturalization is that 1) you have lived in the U.S. for at least 2.5 years 2) no single foreign trip can be more than 6 months ind duration and 3) that you must have resided for 3 months in the district you send your application to. Technically if you meet all these requirements than there is no legal basis for you to be denied naturalization...BUT (and as therealcanadian states) you can be found to have abandoned your residence if you spend too much time abroad. This could happen when you enter the country (say on return from your third or fourth 6 month trip abroad) or during the naturatization process (unlikely, but possible).

One way to preserve your GC is to get a re-entry permit (details here http://www.uscis.gov/files/article/B5.pdf). This will still allow you to proceed with your plan as long as 1) you continue to return every six months with a REP and 2) you live for three months in the district prior to sending your application (you will probably end up staying longer considering it may take 1 year to complete the naturalization process)

[ginnu]

Originally Posted by immi108

I have got my GC 2 1/2 years back. Now I want to move back to India and in order to keep my GC status till I can apply for citizenship, I am planning to come once every 6 month for 2 or 3 weeks.

Technically, the requirement is
i. must be physically present in the U.S. for at least one half of the 5 years
ii. Applicant must not be absent from the U.S. for a continuous period of more than 6 months during the period for which continuous residence is required.

1. Does this work practically? Any real time experieces?
2. Is the period outside US included in the 5 years time period to apply for citizenship?

Preservation of Green Cards during Foreign Travel
by Gregory Siskind, Esq.

http://www.ilw.com/articles/2006,1030-siskind.shtm

Maintaining Legal Permanent Resident Status
http://www.hooyou.com/reentrypermit/...glegalPRS.html
Maintenance of Lawful Permanent Residence
http://www.americanlaw.com/maintlpr.html
http://www.twmlaw.com/resources/immi...grant6cont.htm

http://careers.the-scientist.com/ind...article_id=789

http://immigration.about.com/library/blpermres.htm

http://www.quanlaw.com/ls_presidency.asp

Very good legal guide for US Citzenship or to maintain Permanent Residence of US, must read

http://www.illinoislegalaid.org/UPLO...88natguide.pdf
http://www.immihelp.com/greencard/retain-greencard.html

[Dago Red]

... Now I want to move back to India ...

You answered your own question: You want to abandon your permanent residency. If you still apply for Citizenship later on - you commit fraud. Stay another 3 years, apply for Citizenship and than move back - if Congress does not reinstate previous legislation that you have two live for at least one year in the US after you got Citizenship, unlikely - but who knows ....

[TheRealCanadian]

Originally Posted by Dago Red

if Congress does not reinstate previous legislation that you have two live for at least one year in the US after you got Citizenship, unlikely - but who knows ....

It's exceptionally unlikely, as it would require repeal of the 14th Amendment.

[amitag]

If you apply for a re-entry permit before you leave and keep visiting back within 6 months you should be ok.

I have been doing it now for almost 2 years. However, each time I go back, they ask for the re-entry permit and ask me when I will be returning permanenetly, so there is a risk...last time, they even had some immigration people at the gate just before you board the aircraft back to India, who went through my REP and passport, and asked about my returning plans.

So if you can wait another 2.5 years and come back only after getting your citizenship that is definitely the best option. I know few people in Bombay who have done that and have had no problem so far.

[byegeorge]

amitag

when you use your rep, are you ever sent to secondary inspection? what kind of questions do they ask when you present them with an rep?

[amitag]

Secondary inspection hasn't happened so far....

Same usual questions....

1. how long have you been out for
2. how long will you be staying on this trip
3. when do you plan to move back permanently

that's what I can remember.

[pianoplayer]

Originally Posted by immi108

I have got my GC 2 1/2 years back. Now I want to move back to India and in order to keep my GC status till I can apply for citizenship, I am planning to come once every 6 month for 2 or 3 weeks.

Technically, the requirement is
i. must be physically present in the U.S. for at least one half of the 5 years
ii. Applicant must not be absent from the U.S. for a continuous period of more than 6 months during the period for which continuous residence is required.

1. Does this work practically? Any real time experieces?
2. Is the period outside US included in the 5 years time period to apply for citizenship?

Hi:

It's not that simple. See an attorney.

[vettipuls]

Amitag,

What do you say when they ask you the reason for being out close to 6 months each trip?

I am in the same boat and am looking for some valuable guidance on the reasons that can be given.

Does it also mean that just because you have a REP they don't question you on why you have been out for so long?

Any help from the other members to shed more light on this would be very helpful. Thanks

Originally Posted by amitag

Secondary inspection hasn't happened so far....

Same usual questions....

1. how long have you been out for
2. how long will you be staying on this trip
3. when do you plan to move back permanently

that's what I can remember.

[Dago Red]

Let's get this straight: If you give up your residency and are just looking how to circumvent the rules of keeping the residency - YOU ARE BREAKING THE LAW. You are cheating and claiming to still reside in the US alltough you actually don't. Don't start whining if congress/CBP tighten the enforcement of the rules while you reside abroad ....