Citizenship and Permanent Residence Status Requirements

S

sumesh

Registered Users (C)
Hi Friends, I have GC that I received in Apr 07 after waiting for full six years of battle from filing of Labor to finally receiving GC.
Now I have an excellent opportunity to start my own business. I have a consulting firm listed here in US in partnership with my friend and we are opening a satellite office in Dubai. I may have to join the operations in Dubai when all starts. My wife and my two kids live here in US with me. Kids are born citizens and wife has GC.
I understand that one cannot apply for Citizenship until one has GC for 5 years. However, there are I believe guidelines on maintaining permanent resident status as well that I am not clear of.
1. What are my options on what I can do and how I can conduct business if I was to join and do business in Dubai.
2. What will be my limitations and requirements so I dont jeopardize my GC or Citizenship.

Any help would be great, I am sure there are lots of people who went or did similar thing.

Thanks
 
If you want to be safe, keep your family in the US and make sure you consistently spend more days every year inside the US than outside, with no trips of over 6 months. Otherwise, it becomes up to the discretion of the IO to decide whether you broke continuous residence or not.
 
After six years of battling it out and emerging victorious, why are you willing to risk your GC? If the Dubai operation is a satellite office, why is your physical presence required in Dubai? In today's world you should be able to run that office from the US itself. The key for you should be, never to spend less than 183 days in any rolling 12 month window inside the US.

sumesh said:
Any help would be great, I am sure there are lots of people who went or did similar thing.
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Moving out of the US

Hi guys,

I'm not sure if this is the thread I should post this question, but no harm in asking you gurus. I became a US citizen less than a month ago. I plan to go to Canada and live there for a few years as I am a Canadian citizen also. Will this be grounds to revoking my US citizenship? I recall reading somewhere that there used to be a law that if someone leaves the US in less than a year of becoming a citizen it is grounds for revoking the US citizenship. This law was repealed recently. Please advice me of the consequences of me leaving now. Tks.
 
Firstly, you should have started your own thread rather than hijack someone else's.
Secondly, no your US citizenship will not be revoked just because you moved back to Canada.

scoomara said:
I plan to go to Canada and live there for a few years as I am a Canadian citizen also. Will this be grounds to revoking my US citizenship?
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Apologies and thank you

Hi Triple,

Sorry for not starting my own thread and thank you for your reply. Not that I doubt your reply but do you have a reliable government link that verifies if I leave in less than a year it is OK! Tks.
 
scoomara said:
Hi Triple,

Sorry for not starting my own thread and thank you for your reply. Not that I doubt your reply but do you have a reliable government link that verifies if I leave in less than a year it is OK! Tks.
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The 1yr post-naturalization residency requirement was repealed in 1994.
 
Hi Guys,
Peculiar situation(?) I got my GC in end of April 08 and am still working for the same employer. I have a very good offer on hand which states me to start my job before the last day of september. The question is, shall we quit our employer in less than 6 months time. (The client says either the contract will not be extended or turn into full time employee and they are letting go all the consulatants.. With so many biz failures around, I got only one interview calls so far after nearly 3 months of search... So is it advisable to join quiting the current employer through whom I got my GC.. Also is it possible for the employer to do any derailing stuff... All thoughts and suggestions are really appreciated. Thx
 
nisha_2004 said:
Hi Guys,
Peculiar situation(?) I got my GC in end of April 08 and am still working for the same employer. I have a very good offer on hand which states me to start my job before the last day of september. The question is, shall we quit our employer in less than 6 months time. (The client says either the contract will not be extended or turn into full time employee and they are letting go all the consulatants.. With so many biz failures around, I got only one interview calls so far after nearly 3 months of search... So is it advisable to join quiting the current employer through whom I got my GC.. Also is it possible for the employer to do any derailing stuff... All thoughts and suggestions are really appreciated. Thx
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Relax. There is no rule which says you must work for a sponsoring employer for a fixed length of time prior to changing jobs. All you have to be able to demonstrate is that you originally intended to stay with your sponsor for an indefinite period. Furthermore, I've not heard of anyone being denied citizenship due to job changes or unemployment.
 
Thanks boatbod. BTW how can one prove that we had intention to stay with the employer for a longer time? The statement of either convert to full time or let go was made orally and I will be having no proof. The client to whom I work, has been bought over by an industry behemoth and they have already slashed the headcount by 60% Can these be given as statements to prove our self? Too many qtns going on in mind. Just preparing myself ... Has anybody gone thru similar situation? Thx.
 
Hi JackOLantern,
Its around 10 -1/2 months between the i485 filing date and 485 approval dates. Any idea why you ask this qtn?

Thx
 
nisha_2004 said:
Thanks boatbod. BTW how can one prove that we had intention to stay with the employer for a longer time? The statement of either convert to full time or let go was made orally and I will be having no proof. The client to whom I work, has been bought over by an industry behemoth and they have already slashed the headcount by 60% Can these be given as statements to prove our self? Too many qtns going on in mind. Just preparing myself ... Has anybody gone thru similar situation? Thx.
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If you were to get laid off, you could show a letter from your ex employer. Otherwise, its pretty much going to come down to your explanation of the situation, assuming the IO even bothers to ask. I don't foresee any problems with your situation.
 
Thanks a lot boatbod. I have made my mind to accept the offer and keep going in my life. Thanks for all your valuable inputs.
 
nisha_2004 said:
Hi JackOLantern,
Its around 10 -1/2 months between the i485 filing date and 485 approval dates. Any idea why you ask this qtn?
Click to expand...
The longer you worked for them after filing the I-485, is the more it demonstrates your intent to work for them on a long-term basis.
 
Thanks a lot Jackplantern. Does employer have any say or could thwart our status after getting the gc on hand? I know they could with draw i140 before 180 days after the day of filing. Any idea? Thx
 
nisha_2004 said:
Thanks a lot Jackplantern. Does employer have any say or could thwart our status after getting the gc on hand? I know they could with draw i140 before 180 days after the day of filing. Any idea? Thx
Click to expand...

Nope, once you've got your GC, its out of the employers hands.
 
sumesh said:
Hi Friends, I have GC that I received in Apr 07 after waiting for full six years of battle from filing of Labor to finally receiving GC.
Now I have an excellent opportunity to start my own business. I have a consulting firm listed here in US in partnership with my friend and we are opening a satellite office in Dubai. I may have to join the operations in Dubai when all starts. My wife and my two kids live here in US with me. Kids are born citizens and wife has GC.
I understand that one cannot apply for Citizenship until one has GC for 5 years. However, there are I believe guidelines on maintaining permanent resident status as well that I am not clear of.
1. What are my options on what I can do and how I can conduct business if I was to join and do business in Dubai.
2. What will be my limitations and requirements so I dont jeopardize my GC or Citizenship.

Any help would be great, I am sure there are lots of people who went or did similar thing.

Thanks
Click to expand...

Your safest bet is to get an N-470. You may fit under category C.
http://www.uscis.gov/files/form/N-470.pdf

If not, in addition to making sure you don't stay out for more than 6 months at a time and you're physically present in the US for half of the 5 years before you apply, things you can do to help your case:

- Work out how long you will be posted in Dubai before you leave - i.e., make sure it's for a finite term. You and your partner should sign an agreement to that effect.

- Your wife and kids stay in the US and just visit you in Dubai.

- If your family has to go with you due to duration of posting and you own your house, rent it out instead of selling it.

- Keep paying US taxes on Form 1040/A. Keep US bank accounts, credit cards, etc.

Good luck.
 
Another way around it... 6mnths limit

I have heard about the "two passport approach".

Some countries permit two passports. One for business purposes and the other for personal visits. Or one to be used day to day and the other for ID and hence kept more tidy.

If you can get two passports from your home country. Then I heard you can use one to leave and come back in the country with the leaving stamps on it, with the other one used for the interview. As it won't have the stamps on it at interview and the field office do not have a record of the journeys taken (depends where you file), I presume, the approach permits you to put down your journeys which are in the passport only.
 
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