Greetings,
Hope you guys can help me! Here is my situation..
1. I got my GC in 2003 and lived in USA until April 2009 and moved back to India.
2. I own a small business in California (which was incorporated in 2006) and still running this business from India itself via phone/internet selling products/solutions to US customers. This corporation is in good standing with taxes etc..
3. While I am in India, I am co-ordinating with several IT companies to build websites/solutions for my US clients. I am alone in this business with no employees etc.
4. I went to USA on a 10 day business trip in March' 2010. So, it hasn't been 1 year since then.
Now the question is, can I appy for the citizenship from india (via the US consulate or something) since I am technically here in India on business.
I understand that I can do so except that I will need to live in the state where I am applying from for atleast 3 months immediately preceeding the date of application.
Any help is highly appreciated.
Thanks,
You may not submit an N-400 while residing abroad UNLESS you are active duty U.S. military or civilian employee or that person's spouse or child who is at least 18 and a dependent household member.
Your California company does not qualify as an American Firm because you are not a USC so you are not eligible for benefits of INA 316(b) and ineleigible to file an N-470.
Matter of CHAWATHE, 25 I&N Dec. 369 (AAO 2010)
(1) For purposes of establishing the requisite continuous residence in naturalization proceedings pursuant to section 316(b) of the Immigration and Nationality Act, 8 U.S.C. § 1427(b) (2006), a publicly held corporation may be deemed an “American firm or corporation” if the applicant establishes that the corporation is both incorporated in the United States and trades its stock exclusively on U.S. stock exchange markets.
(2) When an applicant’s employer is a publicly held corporation that is incorporated in the United States and trades its stock exclusively on U.S. stock markets, the applicant need not
demonstrate the nationality of the corporation by establishing the nationality of those persons who own more than 51% of the stock of that firm. Matter of Warrach, 17 I&N Dec. 285, 286-87 (Reg. Comm’r 1979), clarified. .....................................
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You have effectively abandonded your LPR status by your actions and are in severe danger of having your greencard taken away.
FROM:
http://www.uscis.gov/files/nativedocuments/M-618.pdf This is the Welcome Guiode for new immigrants on
www.uscis.gov
Keep Your Immigration Status
Permanent residents who leave the United States for
extended periods, or who cannot show their intent to
live permanently in the U.S., may lose their permanent
resident status. Many immigrants believe they can live
abroad as long as they return to the U.S. at least once a
year. This is incorrect. If you think you will be out of
the U.S. for more than 12 months, you should apply for a { although they say 12 months, you are "seeking admission" after only 6 months}
re-entry permit before leaving the country.You should
file Form I-131, Application for a Travel Document.You
can get this form at
http://www.uscis.gov or by calling
the USCIS Forms Line at 1-800-870-3676.You must pay
a fee to file Form I-131.
A re-entry permit is valid for up to two years.You may
show the re-entry permit, instead of a visa or your
Permanent Resident Card, at a port of entry. Having a
re-entry permit does not guarantee that you will be
admitted to the United States when you return, but it
can make it easier to show that you are returning from
a temporary visit abroad. Visit
http://www.state.gov or
your nearest Department of State Consular Office overseas
for more information.
*********************************
INA 101(a)
(13) (A) The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
(B) An alien who is paroled under section 212(d)(5) or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-
(i) has
abandoned or relinquished that
status,
(ii) has been
absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,
(v) has committed an offense identified in section 212(a)(2), unless since such offense the alien has been granted relief under section 212(h) or 240A(a), or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.
