Rahul kumar or other experts..Please advise...

Alaap

New Member
I just finally receive my G.C about 1 month back. I have a question regarding citizenship. How long does it take for me to qualify and apply for citizenship. I plan to be out of this country for 2 years thru a re-entry permit. Do you thk that mite hinder my application for citizenship?..

what is the minimum stay (in u.s) required after a residency to qualify for citizenship..

would appreciate a reply..

thanks a ton..

Alaap :)
 
Definitely not an expert, but ...
staying 2 yrs continously out of the country will push forward your eligibility to apply for citizenship definitely (with two exceptions - military service and another issue pertaining to workng for an american company for a definite period of time in a line of work which requires you to be away). You can get more details on the USCIS web-site in the citizenship FAQs and also a link to the relevant legalese, if interested.
This is true even if you have a re-entry permit and you are admitted back into the country.
 
There is a provision by which you can get those 2 yrs counted provided your reason for going out of the country is justified...I am not sure which forms exactly you need to fill out or whether you will qualify or not....but this is something u should search for.
 
I believe an approved "Application to Preserve Residence for Naturalization Purposes" (Form N-470) is the form you are talking about
 
Alaap said:
I just finally receive my G.C about 1 month back.
Congrats

Alaap said:
How long does it take for me to qualify and apply for citizenship.

Assuming you got GC thru your employer, you can apply for your CZ by July 2009!

Alaap said:
I plan to be out of this country for 2 years thru a re-entry permit. Do you thk that mite hinder my application for citizenship?..
Absolutely. In the last 5 years before applying for CZ, you need to...
a) Not leave the country for over 6 months at a time
b) Stay in the country for 30/60 months

If you leave for more than one year (even with a reentry permit) YOU HAVE BROKEN your continious residency, except of course you file N470 for which you have to qualify.

If you leave for a year or more you can apply 4 years and 1 day after your return

Alaap said:
what is the minimum stay (in u.s) required after a residency to qualify for citizenship..

See above
 
Remember that in general (other than moral character and residence in your INS district for last 3 months) you have to prove -
A.) Physical presence - in the last 5 yrs your cumulative absences from the US should not total more than 30 months, and
B.) Continous residence - in the last 5 yrs you should not have undertaken a journey outside the US that lasted more than 1 yr

Now A can be overlooked if you were on a US vessel of some kind or were a US govt employee or performed certain kinds of religious duty.
B can be overlooked if you had an approved N-470.

Remember that I'm not a lawyer so read the USCIS FAQs thoroughly and consult a competent lawyer before making your decisions. All valid disclaimers apply !. But this should give you something to start "googling" :)
 
So are you telling me that if I stay out of the country for a max of 2 years(using the approved re-entry permit) and be in the country for 3 years at a strech i can qualify for citizenship in 2009????

Thanks!

Alaap :eek:
 
Aalap.

If you leave today(Oct 2004) and come back after 1 year but within 2 years (Oct 2006), you can apply for CZ in Oct 2010.

Reentry permit preserves GC not residency for citizenship. Without GC, no citizenship though... Think carefully about your overseas trips
 
Aalap:
Go tp uscis.gov website and in the citizenship section, read the "citizenship guide" and in that, esp, eligibility requirement section. This may give some good insight also about all the questions that you have.
Good Luck...
 
Alaap said:
So are you telling me that if I stay out of the country for a max of 2 years(using the approved re-entry permit) and be in the country for 3 years at a strech i can qualify for citizenship in 2009????

Thanks!

Alaap :eek:
Well, how the hell you got the calculation? Rahul is absolutely right.
My case:
Got GC: 1996
Being outside the U.S.: 1996-2000
Entered U.S. Again: 2000
2004: Applied for CZ based on 5 years residence, and got sworn.

Here is a tricky thing: When you apply for CZ after four years living in U.S. since you came back, applying 90 days earlier before meeting continuous residence does not apply to you. Well, actually, I read CFR and it seems to me it should be applied as well, but most of the INS officials do not think so. So, it is very likely that your application would be screwed up.
 
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