30-month stay and Naturalization Process

[gc2005nyc]

Dear Gurus!

I have a naturalization related question. Once I reach 30-month stay in the US as a permanent resident, can I leave on re-entry permit and apply for citizenship on my 4 yr 9 mo anniversary from granting the green card?

All the best!

[TheRealCanadian]

Originally Posted by gc2005nyc

Once I reach 30-month stay in the US as a permanent resident, can I leave on re-entry permit and apply for citizenship on my 4 yr 9 mo anniversary from granting the green card?

No, because a) you have not resided in the district for 90 days before applying, and b) you have broken continuous residency and will need to wait four years after your return before you can apply.

[raevsky]

The regulations about a) say it does not matter. All time abroad is considered as in the same state you left from.

[gc2005nyc]

Thanks for the reply! My understanding was the same but I consulted a lawyer and they were pretty sure that what I stated above is true.

I am not sure I understand the second comment above from Raevsky.

Can someone comment on how many times I can renew re-entry permit?

[TheRealCanadian]

Originally Posted by gc2005nyc

My understanding was the same but I consulted a lawyer and they were pretty sure that what I stated above is true.

While that may get around the 90 days' requirement, it doesn't change the fact that an absence from the US of six months or more (even with a re-entry permit) is presumed to break continuous residency. After a year it's almost overwhelming, unless an N-470 has been filed and approved.

[Jackolantern]

Originally Posted by gc2005nyc

Thanks for the reply! My understanding was the same but I consulted a lawyer and they were pretty sure that what I stated above is true.

It is true. It is false. It depends on all the other facts, such as how long you are traveling outside the US and for what purpose.

[raevsky]

You could have provided the lawyer with more information than us here.

[gc2005nyc]

Guys - how many times can you renew the permit in succession?

Do I need to provide explanation of why I need to be abroad? Do have to provide proof that i intend to keep my residency?

Thanks for your good advice.

[Jackolantern]

Originally Posted by gc2005nyc

Guys - how many times can you renew the permit in succession?

You can renew it once for an additional two years.

Do I need to provide explanation of why I need to be abroad? Do have to provide proof that i intend to keep my residency?

Provide that proof when you come back. But note that a reentry permit only preserves your green card, it does not preserve your eligibility for naturalization. You will have to rebuild your years of residence for naturalization after returning to the US.

[gc2005nyc]

Thank you! Can you confirm that at the time of renewal I need to file from the US. Do I need to be here while the renewal is processed or I can pick it up in a consulate abroad?

Originally Posted by Jackolantern

You can renew it once for an additional two years.

Provide that proof when you come back. But note that a reentry permit only preserves your green card, it does not preserve your eligibility for naturalization. You will have to rebuild your years of residence for naturalization after returning to the US.

[Jackolantern]

Originally Posted by gc2005nyc

Thank you! Can you confirm that at the time of renewal I need to file from the US. Do I need to be here while the renewal is processed or I can pick it up in a consulate abroad?

You need to file for renewal while in the US, and to show up for the fingerprint appointment in the US (you can travel in between filing and fingerprinting). But you can be overseas while you wait for it to be approved, and there is the option to have them send it to a consulate.