After Green Card Physical Residency Requirement

[gino]

Hi everyone,

I have a question, hope you can help me. I got my GC through asylum and am currently working overseas for the UN. I know that I will be spending the next two to three years outside of the US—I will be coming back to the US two to three times a year. In order to meet the physical presence, I understand that I need to spend at least half of the four years in the US. The question is, would I be able to apply for citizenship after four years even though I will have spent two to three years outside the country?

Thanks,
Gino

 

[wantmygcnow]

Hi everyone,

I have a question, hope you can help me. I got my GC through asylum and am currently working overseas for the UN. I know that I will be spending the next two to three years outside of the US—I will be coming back to the US two to three times a year. In order to meet the physical presence, I understand that I need to spend at least half of the four years in the US. The question is, would I be able to apply for citizenship after four years even though I will have spent two to three years outside the country?

Thanks,
Gino

No unless you file an application to preserve residency. You can't have your cake and eat it too. Its permanent resident, meaning you live and work here, not another country.

 

[gino]

Thanks for the prompt reply. As I understan, application to preserve residency is for the people who stay outside the US for more than one uninterrupted year. As I mentioned, I come back to the US two to three times every year.

I know that I can't have my cake and eat it too, but this is my job, what can I do!

Gino

 

[wantmygcnow]

Thanks for the prompt reply. As I understan, application to preserve residency is for the people who stay outside the US for more than one uninterrupted year. As I mentioned, I come back to the US two to three times every year.

I know that I can't have my cake and eat it too, but this is my job, what can I do!

Gino

But Gino, in USCIS's eyes, the job you are doing is not a requirement for national security(u.s interests) or any other thing. In other words, you could find something else in the United States that is close to what you are doing. I have tons of family in Germany and I want to work there but can I? Not really unless I want to risk losing my GC.

As for you coming back every 2/3 times, they care how long have you been out of the country. Its something like you have to be physically present 2.5 out of 5 years and no absences longer than 6 months(in 1 year I think). So if you go out for 6 months, come back for 1 month and go back, I think you reset your clock again. Just make sure you have a valid RP in your possesion.

Experts can answer this.

 

[LolaLi]

Gino -

You are getting sound advice here, so I'd listen and then conduct my own research.

You basically have two options:

1.] The first being what Want described below. You need to file form N-470 Application to Preserve Residence for Naturalization Purposes and once approved you can go overseas and maintain your residency status for citizenship purposes. Please read the form for more details...

2.] Your other option is to file for a Re-entry Permit (Form I-131), which will allow you to stay out for up to 2 years without loosing your PR status. This is different from the above application because you will break your continous stay.

Both scenarios will allow you to return to the US every few months without arousing suspicion. The point here is that coming back every few months without the above documents will be a red flag and you could risk loosing your PR status. An IO would most likely ask you why you keep leaving and coming back for a few days and start questioning if your primary residence is in the US or abroad. The burden of proof would be on you.

Regards -