Break in LPR status! Please Help!!

J

jrao124

Registered Users (C)
Hi all you gurus!

My husband and I will complete 3 yrs of GC this may. We are planning to go to India to take up a job there later this year. My question is, since we have completed 30 months of physical residence, is that enough to file for naturalization in 2 yrs' time, even with long absences?
If not, how do we keep it alive? How long do we need to stay here for that?

Thanks
J Rao
 
No.

You'll need a minimum of 30 months physical presence plus 5 years continuous residence before either of you are eligible.

Moving abroad to take up foreign employment prior to gaining citizenship is a speedy way to reset your citizenship clock and possibly also loose your LPR. I suggest you read around the subject here and seek professional advice before committing yourselves to something that could ultimately cost you your GC.

Note: simply flying back to the US every 5-6 months for a brief visit is generally not considered sufficient to maintain your status.
 
LPR status

Thanks, boatbod.

Actually the only reason we wanted to get the citizenship was to get the social security payments in India when we turned 67.
If we do get the citizenship is this possible? Or is there a clause that we have to come to the US every year to get SS payments? I read the last somewhere.

Thanks once again.
J Rao
 
Don't take my word for it but I think you have to be a resident of US (citizen or not) to be eligible for SS benefit.
 
The SS rules appear to be fairly complex - here seems to be a good starting point. http://www.ssa.gov/pubs/10137.html

Quite probably the key factor determining SS eligibility is whether you have made sufficient payroll contributions during your time here in the US. Normally you receive a yearly statement from the SS administration detailing your contribution to date, as well as the benefits payable upon accident, death or retirement.
 
(Provided SSN continues when we are 67). For SSN retirement benefits you just have to acquire 40 credits. You can remain a citizen of certain countries and reside in them. - thats my understanding, BUT the link in the prev reply should give you further details.
 
This is exactly the sort of situation where you should talk to a professional, AKA a lawyer. The free advice on forums such as this is worth what you pay for it.
 
sampai said:
This is exactly the sort of situation where you should talk to a professional, AKA a lawyer. The free advice on forums such as this is worth what you pay for it.
Click to expand...

...yup, or maybe even a free call to the social security agency.
 
Thanks, all.

My husband and I had gone through the material on the link given by boatbod. But it is confusing and unclear as to whether we will actually get the payments or not. lots of conditions there.
So I think we will consult a lawyer after all.

We are close to 40 credits so that should not be an issue. Our question is if it is worth it to wait for the citizenship for the sake of SS payments at 67.

Anyway, thanks for your time.
J Rao
 
In my opinion you should complete the process before you move to India. You can draw SS benefits in any country but who knows what the rules will be when you retire. Also SSA may be bankrupt by that time so there may be no checks ;-) Who knows what the $ rate will be in the future and whether those checks will be of any value!
However if you have 40 points then you may not even need citizenship to get the checks later on. The only problem is you will not get a chance to apply for USC if you return now and will have to restart the process of GC etc.
You are right to worry about SS payments. You paid into the fund and have a right to get the benefits in old age.
 
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