Citizenship and Re-entry permit issue

C

crazygc

Registered Users (C)
Guys,
Some questions:
1. If somebody has a re-entry permit; is it needed to show it everytime he comes to the US? i.e. say if I do end-up coming back to the US every 4-5 months or so for a few weeks; can I just show my green-card and passport; but not the re-entry permit?

2. What is the effect of re-entry permit on citizenship? ie. say if I have applied for re-entry but ended up coming back to the States within 4-5 months itself; do I still loose the time the 2 years tat I was on re-entry permit for my citizenship?
 
Jeof, - some unanswered scenarios related to your explanation

Joef,
I appreciate your response.
However, there seems to be some hole somewhere:
Let's take this scenario -
Person gets GC in March 2002.
Person lives in the US (except for short trips) till March 2003 (i.e finishes 2 years).
Person applies for re-entry permit in March 2003 (valid till Feb 2005); and leaves the US.
Comes back to US in July/August 2003. Stays for a few weeks; and leaves. Again returns in December 2003; and continues staying in the US. While all this maintains residence in the US.
So, in April 2007; when the person applies for citizenship; what is his eligibility (Assuming that all the other conditions are met)
1. Can he apply in April 2007 since it will be 5 years since he got his GC; irrespective of the fact that he had a re-entry permit?
2. Will he have to wait till December 2007 for his 4 years + 1 day; after "permanently" coming back to the US in December 2003
3. Will have to wait till Feb 2009, since that is 4 years + 1 day after the end of re-entry permit.

Joef, from your response it seems that 3 is not the correct solution. But between 1 and 2; which one is correct?
(Note: I understand that these are illustrative, so the exact dates, number of days, etc.. is not accurate in my description)
 
Reply to the post by gcForAll
What your post is about is this continuous residence requirement. The rules (as listed in the INS Guide to Naturalization) are clear: Single absences over 6 months usually break the continuous residence (unless you can show otherwise), and single absences of 1 year or more always break the continuous residence.
-----------------------------------------------
Does this means that rule stats that :
1. Single absences over 6 months with reentry permit does not break the continuity
2. Single absences of 1 year or more always break the continuous residence.

In my case
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”
:confused:
 
convingcing INS officer

JoeF - that is very clear.
Now, for stays over 6 months but less than 1 year - you say -
"A single stay abroad of over 6 months breaks the continuous residency requirement, unless you can convince the INS examiner otherwise."

If somebody has a valid medical reason - because of which they were advised against travel for some time while being out of the country; (and they have proper documentationm from the doctor)
is that considered valid reason?

When do you have to convince the INS examiner?

What are the general guidelines?
 
Re: Your answer

Joef,
I think I was not clear in my question. So, let me try again...
Say somebody is stuck outside of US for more than 6 months, but less that 1 year; mainly because of medical reasons (E.g a women gets pregnant while outside) and gets told by the doctor; don't travel for the first 3 months of pregnancy).
Now, when she comes to the US the officer at the port doesnot question her 10 months abroad; so she goes in fine.

During the citizenship process, what should she do? Will she have to delay the whole process because of having broken the continuous residence requirement OR she can go ahead; and if questioned explain the INS officer (have the appropriate docs, etc...)? I understand that there are no guarantees; but

1. Will it be "wrong" (from INS point of view) for her to apply, ie. should she wait OR can she go ahead? I understand if questioned she will have to back herself up by evidences

2. Breaking the continous residence requirement (outside for 6 to 12 months) - is it applicale only to 'citizenship application' OR even for maintaining GC?

For maintaining GC, my guesss is that as long as they have enough evidence of US based job for husband, paystubs, good medical reason for being away for 10 months, etc... - she "should" be fine.
But for 1; I am not sure how it works?
 
Joef, that makes sense

JoeF,
I understand what you are saying.
Not considering citizenship at all; but purely from maintaining the GC -
In the example that I give in the above posts -
"Say somebody is stuck outside of US for more than 6 months, but less that 1 year; mainly because of medical reasons (E.g a women gets pregnant while outside) and gets told by the doctor; don't travel during pregnancy). While this, husband maintains a US job paid in US dollars but is on international assignment (comesback to the US every 3-4 months, doesnot maintain apartment, but keeps bank accounts, has job in US dollars, pays taxes, etc...)"
Now, from a pure GC perspective, does the INS officer at POE have reasons for creating problems for the women to enter the US?
 
Joef - you stumped me there

JoeF - you stumped me with your last comment:

Why would the husband's GC ever be in trouble?
He has a US based job (paid in US dollars).
He is on an international assignment with the same company.
He comes to the US every 4-5 months atleast for short trips.
He maintains his bank accounts, credit cards, etc...
He pays US taxes.
As far as end-date is concerned, the company cannot promise a clear end date because of US economy, but still maintains him on US payroll as a US employee.
The only thing missing is that he doesnot keep apartment in the US for cost reasons - why pay rent for so many months?
So, why would the INS ever cause trouble with the husband's GC?


Can you please clarify?
 
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