Extended stay with Reentry permit

S

sameer485

New Member
Hi Guys,
Couple of Questions:

Immediately 2 months after getting my GC I went to India for 4 months and now Im planning to stay here in US for another 2 months and then want to go back to India for 7 months by filling the reentry permit. Since I have to complete my one year of school back home.

I have couple of questions in this regard.
1)Will it be problem if I go this frequently?
2)What is the effect of my visits on citizenship
3) Can I file the reentry permit myself without hiring any lawyer?
4) Do I have to wait for the issuance/approval of the reentry permit to leave the US.
5) Currently how long does it take for INS to issue the permit?
6) Can I leave US just after I mail it to Nebraska center or wait for sometime like a month or so?

I will really appreciate if any one responds to my question.
Thanks a bunch in advance.
Samee
 
Please see my personal response with **

1)Will it be problem if I go this frequently?

**There could be a problem if your travel pattern is noticed by INS at the POE (depending on your luck). Generally, you need to stay over 6 months each year as PR in the US. Remember that re-entry permit doesn't guarantee for entry. So you need to prepare all supporting documents (e.g. credit card bill, resident tax return etc.), to show your tie to this country if questioned by INS, just in case.

2)What is the effect of my visits on citizenship

**An absence of more than 6 months but less than 1 year establishes the presumption of not satisfying the continuity of residence which can be rebutted. Applicant must not be absent from the U.S. for a continuous period of more than 1 year during the period for which continuous residence is required. If the person has broken continuity of residence, s/he may reapply 4 years and 1 day following the date of her or his return to the U.S. to resume residency. The spouse of USC needs 2 years and 1 day.Applicant must not be absent from the U.S. for a continuous period of more than 1 year during the period for which continuous residence is required.

3) Can I file the reentry permit myself without hiring any lawyer?

**Sure you can do it by yourself.

4) Do I have to wait for the issuance/approval of the reentry permit to leave the US.

**No, you don't have to.

5) Currently how long does it take for INS to issue the permit?

**Hard to say, about 6 months currently.

6) Can I leave US just after I mail it to Nebraska center or wait for sometime like a month or so?

**Yes, you can. You must be physically present in the country when the application is filed.
 
Make sure to ask INS to send your Re-entry permit to the nearest US consulate in India if you are have to travel soon after applying.

They will NOT send it to your Indian ddress, though.
 
Thank you guys(jnwong and nkm-oct23 ) for taking the time out for replying to this post,
Actually I didn’t understand the answer clearly, For the question
2) What is the effect of my visits on citizenship..?

Im not staying out of US continually for more than 1 year, The first time I was out for 4 months and now for another 7 months, in between Im here in US for 2 months, does it still breaks the continuity of residence, or does the rule says strictly says “Applicant must not be absent from the U.S. for a CONTINOUS period of more than 1 year during the period for which continuous residence is required”


Will you please respond what do you think in my case? Do think I will be ok or Im in trouble with citizenship..?

Another thing is I gave the US address to INS to send me the re-entry permit, and my spouse will be here in US to receive it and send it back to India. will it be ok..?
 
I was out of US for 11 months in a single trip.
But since I came back in Mid 98 I have never been out of US for more than 3 weeks.

I am told by my lawyer that my continuos residency is not broken because out of 60 months (5 years) 30 months continuos residency is required to be eligible for US citizenship.

I applied for my citizenship in May 2002, 4 years and 10 months after getting the GC.

Any stay outside US for more than a year definitely breaks the continuos residency.
 
Have you received the REP

Hi Samee99,
Have you received the REP at your US address or did INS create any problems? Where did you receive it?

Thanks,
cq2
 
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